In re Simon Shiao Tam

Simon Tam (plaintiff) and his Asian-American rock band "The Slants" embraced Asian stereotypes proudly through their music and band name; when Tam applied to register "THE SLANTS" as a trademark, the PTO examiner and the Trademark Trial and Appeal Board (Board) rejected the application under §2(a) of the Lanham Act, which bars registering immoral, scandalous, or disparaging marks, finding the term historically derogatory and still offensive to many Asians. A Federal Circuit panel initially upheld the rejection under binding precedent that §2(a) didn't implicate the First Amendment, but the full court ordered rehearing en banc specifically to reconsider that constitutional question.