Supreme Court to Hear Trademark Case

[mahatmakanejeeves]

Source: The Wall Street Journal.

Supreme Court to Hear Trademark Case

The case, which involves the name of an Asian-American rock band, could have implications for the Washington Redskins

By Brent Kendall

[e-mail]
http://twitter.com/brkend

Sept. 29, 2016 10:13 a.m. ET



The Asian-American band, The Slants, which is fighting to keep its name. The Supreme Court will review the case in its coming term. Photo: Associated Press

WASHINGTON—The Supreme Court on Thursday agreed to decide whether the government can reject trademarks that some people find offensive, a free-speech case that could determine the fate of a legal battle involving the Washington Redskins football team.

The justices, in a brief written order, said they would consider whether the Asian-American rock band The Slants can register a trademark on its name. The group’s frontman, Simon Tam, sought the trademark but was denied by the U.S. Patent and Trademark Office, which found that people of Asian descent would likely find the band’s name disparaging.

The appeal is one of eight cases the court added to its docket for the 2016-17 term that begins Monday.

Mr. Tam won a key ruling last year when an appeals court, citing the First Amendment, invalidated a provision in the 70-year-old Lanham Act that prohibited the registration of disparaging trademarks. That court said government regulators can’t deny trademark registrations just because they believe the speech will offend others.

Read more: http://www.wsj.com/articles/supreme-court-to-hear-trademark-case-1475158405

[hibbing]

1. Sounds like a weird case to go this high

It will be interesting to see where the court rules. On first blush I would say they should be able to do this. It seems like a slippery slope if the court rules no. Who is going to be determining what trademark name is too offensive for a trademark?

Peace

[TexasBushwhacker]

6. My guess is that their legal representation is being provided

by some reich wing group. That's how that stupid reverse discrimination case got as far as it did.

[Coventina]

2. Huh. Does no one but me remember the female punk band "The Slits"?

I don't remember there being an uproar over that.

[The Green Manalishi]

3. Makes you wonder if a particular Richard Pryor album

could even be released these days...

[Nuclear Unicorn]

4. or NWA.

[melm00se]

10. Or a shot for shot remake

of Blazing Saddles.

[ancianita]

5. When its decision is evenly divided, the current eight-person Court lets Appeals rulings stand.

So yeah, First Amendment claims will probably prevail.

[former9thward]

8. It will not be divided 4-4.

The court has been deferring or rejecting cases where the decision appears to be headed to a 4-4 tie. Why waste its time when there will be no lasting result? There will be a majority decision on this case I believe.

[ancianita]

9. Probably, because it's 1A, also because the four Democratic appointees tend to vote the same.

To me it's surprising that they're even hearing it, except that it can build a body of precedent before a next appointee joins.

[Nye Bevan]

7. Whenever a law says that a man from the government gets to decide what is and is not "offensive",

that law needs to be struck down on First Amendment grounds. Who is the government to decide that "The Slants" is offensive and so cannot be trademarked but "Niggaz With Attitude" is just fine and dandy?