On June 19, 2017, the Supreme Court issued its decision in
Matal v. Tam, declaring the Trademark Act's (commonly
referred to as the "Lanham Act") "disparagement
clause" unconstitutional as a violation of the free speech
principles embodied in the First Amendment. If the case name
doesn't ring a bell, the players involved might. The decision
was the culmination of Simon Shiao Tams' fight to obtain a
federal trademark registration for "THE SLANTS" for use
in connection with his rock band. The term "Slants" can
be used as a racially pejorative word for persons of Asian descent
and was selected by the Asian-American band in an effort to
"reclaim" the derogatory term. Tam's win at the
Supreme Court, however, wasn't only a victory for his band. The
Washington Redskins, who are also engaged in a protracted legal
battle to maintain their trademark registrations despite challenge
from a Native American group, hailed the decision a success. The
Redskins' owner, Dan Snyder,
