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

Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Clarivate’s Ed White discusses the joy of measuring innovation and why patent attorneys are a special breed
Gift this article