Supreme Court Review 2017/2018 TERM
SATURDAY, NOVEMBER 25, 2017
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Issue:  Lanham Act, 15 U.S.C. 1052(a)

Lee v. Tam

15-1293

QUESTION(S) PRESENTED

Section 2(a) of the Lanham Act, 15 U.S.C. 1052(a), provides that no trademark shall be refused registration on account of its nature unless, inter alia, it “[c]onsists of * * * matter which may disparage * * * persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” The question presented is as follows: Whether the disparagement provision in 15 U.S.C. 1052(a) is facially invalid under the Free Speech Clause of the First Amendment.

DECISION

Fully Briefed and Argued
Awaiting Decision

ORAL ARGUMENT

Argued January 18, 2017

Appearences
On Behalf of Petitioner Michelle K. Lee
Malcolm L. Stewart, Deputy Solicitor Gen­eral, Department of Justice, Washington, D. C.
On Behalf of Respondents Simon Shiao Tam
John C. Connell, Haddonfield, N. J.
Transcript
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Audio
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Merit Briefs
Brief for Petitioner (pdf download)
Brief for Respondent (pdf download)
Reply Brief for Petitioner (pdf download)
Amicus Curiae Briefs
Brief for Alliance Defending Freedom in Support of Respondent (pdf download)
Brief for Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan And Courtney Tsotigh In Support Of Petitioner (pdf download)
Brief for American Intellectual Property Law Association Supporting Neither Party (pdf download)
Brief for Asian Americans Advancing Justice, AAJC and other civil rights and advocacy groups in Support of Neither Party (pdf download)
Brief for Certain Members Of Congress in Support of Neither Party (pdf download)
Brief for Constitutional Law Professors in Support of Respondent (pdf download)
Brief for Erik Brunetti in Support of Respondent (pdf download)
Brief for First Amendment Lawyers Association in Support of Respondent (pdf download)
Brief for Justice and Freedom Fund in Support of Respondent (pdf download)
Brief for Law Professors Gregory Dolin, Tara J Helfman, Irina D Manta and Kristen Jacobsen Osenga in Support of Respondent (pdf download)
Brief for Law Professors in Support of Petitioner (pdf download)
Brief for Native American Organizations In Support Of Petitioner (pdf download)
Brief for Pacific Legal Foundation in Support of Respondent (pdf download)
Brief for Pro-Football, Inc in Support of Respondent (pdf download)
Brief for Professor Hugh C Hansen in Support of Respondent (pdf download)
Brief for Professors Edward Lee and Jake Linford in Support of Respondent (pdf download)
Brief for Public Citizen, Inc, in Support of Neither Party (pdf download)
Brief for Public Knowledge in Support of Neither Party (pdf download)
Brief for San Francisco Dykes on Bikes Women’s Motorcycle Contingent, Inc in Support of Respondent (pdf download)
Brief for The American Bar Association Supporting Neither Party (pdf download)

CERTIORARI STAGE

Granted September 29, 2016

Certiorari Stage Documents
      Petition for Certiorari (pdf download)
Brief in Opposition (pdf download)
Petitioner's Reply (pdf download)

Other Certiorari Stage Documents
Amicus Brief of Pro-Football Inc supporting respondent (pdf download)

PROCEEDING BELOW

United States Court of Appeals for the Federal Circuit
Decided December 22, 2015
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SUPREME PODCAST COVERAGE

DATE TITLE CASE STAGE LISTEN NOW
2016-10-08 May a Trademark be Denied Because it is Offensive? Certiorari Granted go to coverage