Congressional Digest

Supreme Court Debates March 2017 No. 3 Vol. 20
Simon Shiao Tam, Respondent

Offensive Trademarks

Free Speech and Protection for "Disparaging" Words

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Simon Shiao Tam, Respondent

John C. Connell, Counsel of Record

Simon Shiao Tam, a musician and political activist, founded a rock group called The Slants in 2006 in part to further awareness of discrimination against Asian Americans. In 2011, his attempt to register his band’s name with the Patent and Trademark Office was denied because the government deemed it to be disparaging to Asians. Tam challenged the ruling, asserting that the trademark denial was a violation of his First Amendment free speech protections. He said the band name was an attempt to “reappropriate” a racial slur. After the Trademark Trial and Appeal Board ruled in favor of the PTO and…

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