IP at the Supreme Court Series: Lee v. Tam
January 18, 2017
3:30pm | Room NT01
Reception to Follow
In PIJIP’s ongoing Supreme Court Series, a panel of counsel for amici and parties will discuss the case on the afternoon following oral argument before the Court.
Panel:
- Prof. Michael Carroll, American University Washington College of Law (Moderator) (Presentation)
3:30pm – First Panel – Policy Discussion
- Simon Tam, The Slants, (Respondent)
- Prof. Victoria Phillips, American University Washington College of Law
4:15 pm – Second Panel – Legal Discussion
- John Connell, Archer Law (Counsel for Respondent)
- Joel MacMull, Archer Law (Counsel for Respondent)
- Jesse Witten, Drinker Biddle (representing Amanda Blackhorse, et al. on amicus brief)
- Prof. Rebecca Tushnet, Georgetown University (representing Law Professors on amicus brief)
- Ilya Shapiro, Cato Institute (representing Cato Institute on amicus brief)
Issue:
Whether the disparagement provision of the Lanham Act, 15 U.S.C. 1052(a), which 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” is facially invalid under the Free Speech Clause of the First Amendment.
UPDATE:
Decision: June 19, 2017
Argument: Transcript; Audio