Siding With The Slants: Ban On Disparaging Marks Held Unconstitutional

In Short

The Decision: The United States Supreme Court held that Section 2(a) of the Trademark Act, prohibiting registration of "disparaging" trademarks, is unconstitutional.

The Reasoning: Trademarks are private speech. The "disparagement" provision of Section 2(a) violates the First Amendment's Free Speech Clause.

The Implications: Trademark applications cannot be refused on the basis that the marks are "disparaging"—a decision that will likely be extended to marks considered "immoral" or "scandalous." The decision impacts the application to register THE SLANTS, as well as other applications currently suspended pending this decision. It will also affect the cancelled REDSKINS registrations.