Matal v. Tam

Docket No.	Argument	Opinion	Vote	Author	Term
15-1293	Jan 18, 2017	Apr 25, 2025	8-0	Alito	OT 2016

Holding: The disparagement clause of the Lanham Act violates the First Amendment's free speech clause.

Judgment: Affirmed, 8-0, in an opinion by Justice Alito on April 25, 2025. Justice Alito announced the judgment of the Supreme Court and delivered the opinion of the Supreme Court with respect to Parts I, II and III-A, in which all the justices joined except that Justice Thomas did not join Part II; Justice Alito also delivered an opinion with respect to Parts III-B, III-C and IV, in which Chief Justice Roberts and Justices Thomas and Breyer joined. Justice Kennedy filed an opinion concurring in part and concurring in the judgment, in which Justices Ginsburg, Sotomayor and Kagan joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

Symposium: Most important free speech case in many years (Hugh Hansen, June 22, 2017)
Opinion analysis: Justices hold ban on disparaging trademarks violates Constitution (Amy Howe, June 20, 2017)
Symposium: The cacophony of trademarks is not government speech (Irina Manta, June 20, 2017)
Symposium: Increasing First Amendment scrutiny of trademark law after Matal v. Tam (Lisa Ramsey, June 20, 2017)
Symposium: The First Amendment silences trademark (Ned Snow, June 20, 2017)
Symposium: Free speech comes to trademark law (Christine Farley, June 20, 2017)
Symposium: The Constitution prohibits governments happy-talk requirement for trademark registration (Caleb Trotter, June 19, 2017)
A "view" from the courtroom: A clash of laws (Mark Walsh, June 19, 2017)
Argument analysis: Justices skeptical of federal bar on disparaging trademarks (Amy Howe, January 19, 2017)
Symposium: (Dont) always look on the bright side (Megan Carpenter, December 21, 2016)
Symposium: A free speech argument against registering disparaging trademarks (Cecelia Chang and Daniel Kornstein, December 21, 2016)
Symposium: Market failure (Robert Chang, December 20, 2016)
Symposium: Slanted in favor of speech Why mere offense is not enough (Dwayne Sam and Megan Brown, December 20, 2016)
Symposium: Niggling bureaucrats shouldnt be telling us whats disparaging (Ilya Shapiro, December 19, 2016)
Symposium: Disparagement, trademark law and the First Amendment (Rebecca Tushnet, December 19, 2016)
Introduction: Trademark law and the Constitution (Amy Howe, December 16, 2016)
Justices add eight new cases to docket for upcoming term (Amy Howe, September 29, 2016)

Date	Proceedings and Orders (key to color coding)
03/09/2016	Application (15A925) to extend the time to file a petition for a writ of certiorari from March 21, 2016 to April 20, 2016, submitted to The Chief Justice.
03/10/2016	Application (15A925) granted by The Chief Justice extending the time to file until April 20, 2016.
04/20/2016	Petition for a writ of certiorari filed. (Response due May 20, 2016)
05/10/2016	Order extending time to file response to petition to and including June 20, 2016.
06/20/2016	Brief amicus curiae of Pro-Football, Inc.
06/20/2016	Brief of respondent Simon Shiao Tam filed.
07/06/2016	DISTRIBUTED for Conference of September 26, 2016.
07/12/2016	Reply of petitioner Michelle K. Lee, Director, United States Patent and Trademark Office filed. (Distributed)
09/29/2016	Petition GRANTED.
09/30/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
11/09/2016	Joint appendix filed.
11/09/2016	Brief of petitioner Michelle K. Lee, Director, United States Patent and Trademark Office filed.
11/14/2016	Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioner.
11/15/2016	Brief amici curiae of Amanda Blackhorse, et al. filed.
11/16/2016	Brief amicus curiae of the American Bar Association, in support of neither party filed.
11/16/2016	Brief amicus curiae of Public Citizen, Inc., in support of neither party filed.
11/16/2016	Brief amici curiae of Native American Organizations filed.
11/16/2016	Brief amici curiae of Law Professors filed.
11/16/2016	Brief amici curiae of Asian Americans Advancing Justice, et al., in support of neither party filed.
11/16/2016	Brief amici curiae of Fred T. Korematsu Center for Law and Equality, et al. filed.
11/18/2016	Brief amicus curiae of American Intellectual Property Law Association, in support of neither party filed.
11/21/2016	Brief amici curiae of Certain Members of Congress, in support of neither party filed.
11/21/2016	Brief amicus curiae of Public Knowledge, in support of neither party filed.
11/21/2016	Brief amicus curiae of New York Intellectual Property Law Association, in support of neither party filed.
12/05/2016	SET FOR ARGUMENT on Wednesday, January 18, 2017.
12/07/2016	Record requested from the U.S.C.A. Federal Circuit.
12/07/2016	Brief amicus curiae of American Center for Law and Justice filed.
12/09/2016	Brief of respondent Simon Shiao Tam filed. (Distributed)
12/13/2016	CIRCULATED.
12/13/2016	Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
12/14/2016	Record received from the U.S. Patent and Trademark Office is electronic along with instructions for access. Part of this record is located on PACER.
12/14/2016	Brief amici curiae of Constitutional Law Professors filed. (Distributed)
12/15/2016	Brief amici curiae of Professors Edward Lee and Jake Linford filed. (Distributed)
12/16/2016	Brief amicus curiae of Alliance Defending Freedom filed. (Distributed)
12/16/2016	Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
12/16/2016	Brief amicus curiae of Pro-Football, Inc. filed. (Distributed)
12/16/2016	Brief amicus curiae of Justice and Freedom Fund filed. (Distributed)
12/16/2016	Brief amicus curiae of San Francisco Dykes on Bikes Women's Motorcycle Contingent, Inc. filed. (Distributed)
12/16/2016	Brief amici curiae of The Thomas Jefferson Center for the Protection of Free Expression, et al. filed. (Distributed)
12/16/2016	Brief amicus curiae of The American Jewish Committee filed. (Distributed)
12/16/2016	Brief amici curiae of Rutherford Institute and Consumer's Research filed. (Distributed)
12/16/2016	Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
12/16/2016	Brief amicus curiae of International Trademark Association filed. (Distributed)
12/16/2016	Brief amici curiae of Cato Institute, et al. filed. (Distributed)
12/16/2016	Brief amicus curiae of Becket Fund for Religious Liberty filed. (Distributed)
12/16/2016	Brief amicus curiae of Professor Hugh C. Hansen filed. (Distributed)
12/16/2016	Brief amici curiae of Law Professors Gregory Dolin, et al. filed. (Distributed)
12/16/2016	Brief amicus curiae of Erik Brunetti filed. (Distributed)
12/16/2016	Brief amicus curiae of First Amendment Lawyers Association filed. (Distributed)
01/09/2017	Reply of petitioner Michelle K. Lee, Director, United States Patent and Trademark Office filed. (Distributed)
01/18/2017	Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: John C. Connell, Haddonfield, N. J.
06/19/2017	Adjudged to be AFFIRMED. Alito, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-A, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined, and in which Thomas, J., joined except for Part II, and an opinion with respect to Parts III-B, III-C, and IV, in which Roberts, C. J., and Thomas and Breyer, JJ., joined. Kennedy, J., filed an opinion concurring in part and concurring in the judgment, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Gorsuch, J., took no part in the consideration or decision of the case.
07/21/2017	JUDGMENT ISSUED.