Matal v. Tam
The Court Says the Government Cannot Deny Trademarks Because They Contain Disparaging Language
Matal v. Tam was featured in Offensive Trademarks, Supreme Court Debates (March 2017). The following is excerpted from the unanimous opinion written by Justice Alito, as prepared by the Court Reporter of Decisions. The disparagement clause [15 U.S. Code Section1052(a)] applies to marks that disparage the members of a racial or ethnic group. Tam’s view, that the clause applies only to natural or juristic persons, is refuted by the plain terms of the clause, which uses the word “persons.” A mark that disparages a “substantial” percentage of the members of a racial or ethnic group necessarily disparages many “persons,” namely,…
