Disparagement Clause Offends First Amendment, Says SCOTUS in Tam


Joanne Ludovici said the Supreme Court’s Tam decision, which found that the disparagement clause of US trademark law is unconstitutional, could lead to an influx of filings for marks that previously would have fallen one of several disparagement categories and rejected. Ms. Ludovici added that these categories for rejecting marks will not stand, since the Court ruled that trademarks are private, not commercial speech.