Federal Circuit vacates Slants ruling

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Federal Circuit vacates Slants ruling

The Federal Circuit issued an order today announcing that it will rehear the case en banc

In the order, the Court explained that it has vacated last week’s ruling that the application for the mark “Slants” for an Asian American rock band should be denied because it ran afoul of the prohibition against disparaging marks. Today’s order directed the parties to prepare briefs addressing whether this ban violates the right to free speech as guaranteed in the First Amendment.

Judge Moore penned last week’s decision denying Simon Tam’s registration of the Slants mark (Tam is a member of the band), finding that the term was a slur against Asians, even though Tam argued that the name was an attempt to reclaim the insult. However, Moore also wrote an “additional views” section, which the other judges did not sign on to, calling into question the constitutionality of the prohibition against disparaging marks.

For Managing IP’s analysis of last week’s decision, click here.

more from across site and SHARED ros bottom lb

More from across our site

Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
The keenly awaited ruling should act as a ‘call to arms’ for a much-needed evolution of UK copyright law, says Rebecca Newman at Addleshaw Goddard
Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO
Andrew Blattman, who helped IPH gain significant ground in Asia and Canada, will leave in the second half of 2026
The court ordering a complainant to rank its arguments in order of potential success and a win for Edwards Lifesciences were among the top developments in recent weeks
Frederick Lee has rejoined Boies Schiller Flexner, bolstering the firm’s capabilities across AI, media, and entertainment
Nirav Desai and Sasha S Rao at Sterne, Kessler, Goldstein & Fox explore how companies’ efforts to manage tariffs by altering corporate structures can undermine their ability to assert their patents and recover damages
Monika Żuraw, founder of Żuraw & Partners, discusses why IP should be part of the foundation of a business, and taking on projects that others walk away from
Lawyers say attention will turn to the UK government’s AI consultation after judgment fails to match pre-trial hype
Gift this article