Matal v. Tam

Simon Tam (plaintiff), an Asian-American musician, sought to trademark his band's name, "the Slants," a term the band deliberately chose, despite its derogatory history, to reclaim and counteract anti-Asian stereotypes; the examining attorney refused registration under the Lanham Act's disparagement clause, barring marks that may disparage persons or groups, and the Trademark Trial and Appeal Board upheld that refusal. The Federal Circuit held the disparagement clause facially unconstitutional under the First Amendment, and the Supreme Court granted the government's petition for certiorari.