Federal Circuit held that the trademark THE SLANTS should not be precluded as “disparaging” because it considers the Lanham Act’s proscription of disparaging marks to be unconstitutional

The Court of Appeals for the Federal Circuit held in In Re Simon Shiao Tam today that the Lanham’s Act’s proscription of disparaging trademarks is unconstitutional because the government has no legitimate interest in banning even hurtful speech, which is still entitled to the protection of the First Amendment.