The Supreme Court ruled in a unanimous decision this morning that the disparagement clause of the Lanham Act is an unconstitutional violation of the free speech clause of the First Amendment. The Court ruled that Section 2(a) of the Lanham Act, which banned disparaging trademarks, violates the U.S. Constitution. The examining attorney refused to register the mark, citing 15 USC Section 1052(a) of the Lanham Act (Section 2(a)), commonly known as the 'disparagement clause'. The clause reads that no mark will be registered that is a “matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” 15 USC § 1052. 15 U.S.C. . Taken from the U.S. Government Publishing Office in February 2016 The U.S. Supreme Court ruled unanimously on June 19, 2017 that the Lanham Act’s disparagement clause prohibiting federal registration of “disparaging” trademarks unconstitutionally limits free speech in a case involving a band named “The Slants.” 15 U.S.C. The question is, will the Supreme Court strike it down? Date: 06/19/2017. or bring . Supreme Court Finds Lanham Act’s Disparagement Clause Unconstitutional. Author: Stephen A. Kennedy. . 15 U.S.C. The examining attorney refused to register the mark, citing 15 USC Section 1052(a) of the Lanham Act (Section 2(a)), commonly known as the 'disparagement clause'. Justice Neil Gorsuch did not participate in the 8-0 decision, as he joined the Court after oral arguments were heard in this matter. The question is, will the Supreme Court strike it down? Anti-Disparagement Clause. §1052(a)), which also prohibits registering trademarks that consist of "immoral, deceptive, or scandalous matter." The U.S. Supreme Court affirmed the decision of the Federal Circuit, holding that the statutory ban on disparaging trademarks is a violation of free speech. Tam, 137 S. Ct. 1744 (2017), striking down the disparagement clause in the Lanham act that had been in place since 1946. Disparaging Trademarks and Free Speech – Will the Supreme Court Strike Down the Disparagement Clause? The Supreme Court ruled in a unanimous decision this morning that the disparagement clause of the Lanham Act is an unconstitutional violation of the free speech clause of the First Amendment. The statute in question is the “disparagement provision” of the 1946 Lanham Trademark Act, which prohibits the registration of any mark that “may disparage … Where a plaintiff has moved to dismiss a defendant’s counterclaims, which allege violations of the Lanham Act and Massachusetts G.L.c.