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 2026

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

The firm’s co-CEO discusses patent litigation, collaboration with overseas colleagues and the next generation of leaders
Two recent decisions demonstrate the courts’ creativity in cutting-edge IP disputes that tested their jurisdictional powers
Aditi Verma Thakur, managing partner at Aishani Partners, discusses 5 am wake-ups, working with high-performing professionals and staying calm under pressure
After more than three decades at Wilson Sonsini, Ian Edvalson explains why he moved to expand his life sciences transactional practice
While individual lateral hires and full-scale mergers remain popular options to scale a firm’s IP practice, recent activity indicates that a third option is proving successful
Lead King & Spalding trial lawyer says that while this is the first IP litigation defence victory for DoorDash, it certainly won’t be the last
As firms invest in scale, professional management and technology, trusted client relationships may become the competitive edge that cannot be automated
As UPC activity continues to drive strategic hiring and expansion, recent rulings have delivered a notable win for Samsung, and further uncertainty in the long-running GSK-Pfizer vaccine battle
The merger of Taylor Wessing’s UK operation with US firm Winston Strawn was a response to a strategic conundrum, its leaders say
Over the past 23 years, LawPlus has expanded from Thailand to Myanmar and built extensive international partnerships. What’s next?
Gift this article