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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.

8 of 118 comments (clear)

  1. Doesn't anybody have a sense of humor these days?? by Anonymous Coward · · Score: 5, Insightful

    I think "The Slants" is a brilliant name!!!

  2. Re:Doesn't anybody have a sense of humor these day by Anonymous Coward · · Score: 3, Funny

    No, now where was the required trigger warning before your problematic comment?

  3. 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.

  4. Re:Doesn't anybody have a sense of humor these day by phantomfive · · Score: 4, Insightful

    Also, who gets to decide what's disparaging or not?

    Nobody anymore, according to the supreme court.

    What if someone decides that words like "Christian" are disparaging?

    That's why this is a good decision by the supreme court.

    --
    "First they came for the slanderers and i said nothing."
  5. Re:Doesn't anybody have a sense of humor these day by Tokolosh · · Score: 4, Insightful

    "If you stay here much longer, you will go home with slitty eyes." – Prince Philip, speaking to a British student during a trip to China in 1986.

    --
    Prove anything by multiplying Huge Number times Tiny Number
  6. Re:Doesn't anybody have a sense of humor these day by Mal-2 · · Score: 4, Informative

    First, this wasn't the Supreme Court, it was a District Court. If appealed, SCOTUS could hear it, send it back for reconsideration with comments, or let it stand.

    Second, I'm surprised it has taken this long. Does this mean Los Chingaderos (the band) can now get some airplay? Will LMFAO ever be announced using their full name?

    --
    How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
  7. Re:Inferiority complex by Darinbob · · Score: 3, Funny

    I do not! My complexes are as superior as anyone else's!