The IP Chronicles: Music, Trademarks, and Free Speech Collide in the Slants Case

In this episode, host Tom Dunlap discusses the landmark Supreme Court case, Matal v. Tam, and its profound implications on trademark law and free speech. Through the story of Simon Tam and his band The Slants, Tom explores the journey of challenging the disparagement clause of the Lanham Act—a case that ultimately led to a unanimous Supreme Court decision supporting the right to re-appropriate racially disparaging terms under the First Amendment. Join Tom as he unpacks the intricacies of trademark regulations, the concept of commercial speech, and how this case has reshaped legal precedents and cultural dialogues around offensive trademarks.