Matal v. Tam

Matal v. Tam
Argued January 18, 2017
Decided June 19, 2017
Full case nameJoseph Matal, Interim Director, United States Patent and Trademark Office, Petitioner v. Simon Shiao Tam
Docket no.15-1293
Citations582 U.S. 218 (more)
137 S. Ct. 1744; 198 L. Ed. 2d 366; 122 U.S.P.Q.2d 1757
ArgumentOral argument
Case history
PriorIn re Tam, 808 F.3d 1321 (Fed. Cir. 2015); cert. granted, 137 S. Ct. 30 (2016).
Holding
The Lanham Act's prohibition against registering disparaging trademarks with the United States Patent and Trademark Office violates the First Amendment to the United States Constitution.
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Case opinions
MajorityAlito (Parts I, II, and III–A), joined by Roberts, Kennedy, Ginsburg, Breyer, Sotomayor, Kagan; Thomas (except Part II)
PluralityAlito (Parts III–B, III–C, and IV), joined by Roberts, Thomas, Breyer
ConcurrenceKennedy (in part and in judgment), joined by Ginsburg, Sotomayor, Kagan
ConcurrenceThomas (in part and in judgment)
Gorsuch took no part in the consideration or decision of the case.
Laws applied

Matal v. Tam, 582 U.S. 218 (2017) (previously known as Lee v. Tam) is a Supreme Court of the United States case that affirmed unanimously the judgment of the United States Court of Appeals for the Federal Circuit that the provisions of the Lanham Act prohibiting registration of trademarks that may "disparage" persons, institutions, beliefs, or national symbols with the United States Patent and Trademark Office violated the First Amendment.[1]

  1. ^ Matal v. Tam, No. 15-1293, 582 U.S. ___, 137 S. Ct. 1744 (2017).

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