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" ... Rather than attempt to pass strict scrutiny, the USPTO argued that the Lanham Act’s disparagement clause is not subject to strict scrutiny because trademarks constitute government speech. In finding that “[t]rademarks are private, not government, speech,” despite their registration with the government, the Supreme Court explained that unlike government speech, the government has no control over a trademark owner’s creation, modification or uses of its trademark, other than the ability to refuse registration. ... "