The U.S. Supreme Court’s decision in Matel v. Tam paves the way for trademarking racial slurs.
Simon Shaio Tam, an Asian-American who sought to trademark a racially derisive term for Asians, is happy about the court’s ruling. He’s happy because the court ruled in his favor, invalidating on First Amendment grounds a 71-year old statutory provision of the Lanham Act called the disparagement clause, or as Justice Samuel Alito called it the “happy-talk clause.”
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