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Federal Circuit Overturns Prohibition On "Disparaging" Trademarks (arstechnica.com)

Posted by samzenpus on from the sticks-and-stones dept.

New submitter flopsquad writes: On December 22, the Federal Circuit released a decision overturning, on First Amendment grounds, the part of US trademark law that prohibits registration of "disparaging" marks. This case concerned the USTPO's refusal to register a mark for the Asian-American band "The Slants". However, the decision will no doubt have wider implications for brands such as the embattled Washington Redskins, whose mark was ordered canceled earlier this year.

2 of 118 comments (clear)

  1. How is that band name "disparaging"? by timrod · · Score: 4, Interesting

    I get that "slant-eyed" is a racist description of Asians, but there is absolutely nothing racist about the word "slant". Hell, it even mentions that the band is Asian-American.

    1. Re:How is that band name "disparaging"? by arth1 · · Score: 3, Interesting

      I get that "slant-eyed" is a racist description of Asians, but there is absolutely nothing racist about the word "slant". Hell, it even mentions that the band is Asian-American.

      This is likely the reason why it was rejected. In itself, it is not offensive, but in the context of Asians, it becomes so.
      Much like Top Gear's "There's a slope on the bridge".

      MInd, I'm not saying that rejecting the name was the right decision, but I believe the context was what mattered, not the word.
      It's like an Indian-American band called themselves "Towel" - it might be considered derogatory by some non-band members.