Legal Opinion

Matal v. Tam

Supreme Court of the United States

Decided June 19, 2017No. 15–1293PublishedCited by 332 opinions

1Opinion of the Court

The Patent and Trademark Office (PTO) denied the application based on a provision of federal law prohibiting the registration of trademarks that may "disparage ... or bring ... into contemp[t] or disrepute" any "persons, living or dead." 15 U.S.C. § 1052 (a). We now hold that this provision violates the Free Speech Clause of the First Amendment. It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.

I

A

"The principle underlying trademark protection is that distinctive marks-words, names, symbols, and the like-can help…

Also in this document: Concurring in the judgment · Kennedy; Concurring in the judgment · Thomas.

2Cases cited62 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  3. Clinton v. JonesSupreme Court of the United States · 1997
  4. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  5. Cornelius v. NAACP Legal Defense & Educational Fund, Inc.Supreme Court of the United States · 1985

57 more not listed; retrieve them via the Exa API.

3Cited by332 opinions

  1. Mei Xing Yu v. Hasaki Restaurant, Inc.Court of Appeals for the Second Circuit · 2019
  2. Brian Davison v. Phyllis RandallCourt of Appeals for the Fourth Circuit · 2019
  3. Wandering Dago, Inc. v. DestitoCourt of Appeals for the Second Circuit · 2018
  4. Archdiocese of Wash. v. Wash. Metro. Area Transit Auth.Court of Appeals for the D.C. Circuit · 2018
  5. Iancu v. BrunettiSupreme Court of the United States · 2019

327 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API