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

Two partners have departed DLA Piper to join Squire Patton Boggs and Blank Rome in San Francisco and Chicago, respectively
Practitioners say a 32% rise in court fees is somewhat expected to maintain the UPC’s strong start, but some warn that SME clients could be squeezed out
Swati Sharma and Revanta Mathur at Cyril Amarchand Mangaldas explain how they overcame IP office objections to secure victory for a tyre manufacturer
Claudiu Feraru, founder of Feraru IP, discusses the benefits of a varied IP practice and why junior practitioners should learn from every case
In the ninth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP & ME, a community focused on ethnic minority IP professionals
Firms that made strategic PTAB hires say that insider expertise is becoming more valuable in the wake of USPTO changes
Aled Richards-Jones, a litigator and qualified barrister, is the fourth partner to join the firm’s growing patent litigation team this year
An IP lawyer tasked with helping to develop Brownstein’s newly unveiled New York office is eyeing a measured approach to talent hunting
Amanda Griffiths, who will be tasked with expanding the firm’s trademark offering in New Zealand, says she hopes to offer greater flexibility to clients at her new home
News of EasyGroup failing in its trademark infringement claim against ‘Easihire’ and Amgen winning a key appeal at the UPC were also among the top talking points
Gift this article