Abstract

An analysis of the potential ramifications of the 2017 Matal v. Tam U.S. Supreme Court case and the implications of the hybrid trademark and free speech right that has been forged in its wake. In permitting trademarks to be allowed over the Disparagement Clause even if they are offensive, First Amendment rights are now inextricably intertwined with the scope of trademark protection. This paper examines the holding of the Matal v. Tam case and also attempts to predict the behavior of trademark filings and the development of trademark law after its holding.

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