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Supreme Court Holds that the Ban on Registration of Immoral and Scandalous Trademarks is Unconstitutional Viewpoint Discrimination
In 2017, in Matal v. Tam (582 U.S. ___ (2017)), the U.S. Supreme Court found that the ban on the registration of “disparaging” trademarks was unconstitutional viewpoint discrimination, but left open the question of whether the ban on the registration of “immoral” and “scandalous” marks was similarly unconstitutional.