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Offensive Trademarks Must Be Allowed, Rules Supreme Court (arstechnica.com)
In a ruling that could have broad impact on how the First Amendment is applied in other trademark cases in future, the U.S. Supreme Court on Monday threw out a federal prohibition on disparaging trademarks as a constitutional violation in a ruling involving a band called The Slants. From a report: The opinion in Matal v. Tam means that Simon Tam, lead singer of an Asian-American rock band called "The Slants," will be able to trademark the name of his band. It's also relevant for a high-profile case involving the Washington Redskins, who were involved in litigation and at risk of being stripped of their trademark. The court unanimously held that a law on the books holding that a trademark can't "disparage... or bring... into contemp[t] or disrepute" any "persons, living or dead," violates the First Amendment. Tam headed to federal court years ago after he was unable to obtain a trademark. In 2015, the US Court of Appeals for the Federal Circuit ruled in Tam's favor, finding that the so-called "disparagement clause" of trademark law was unconstitutional.
NPR had a episode on their Planet Money podcast about this very case.
Realistically, the anti-disparagement law only lasted this long because Obama's administration wanted it to so they could use it against the Redskins.
The anti-disparagement clause is part of 15 USC 1052(a), and was in the first version of the Lanham Act, passed in 1946, and signed by Truman. It has remained the same over the past 71 years, and Congress, not the President, has the power to change it or keep it.
Trying to make this about Obama is just stupid, particularly when the first case about this - Pro-Football, Inc. v. Harjo - was decided in 2005 during Bush Jr.'s presidency. And it's even stupider, because that case stemmed from a petition to cancel the Redskins' trademark in 1992, during Clinton's first term. This has been an active dispute for 25 years.
Actually...while what you said is accurate, you left out a really important and pertinent point. The executive can direct the federal agencies how to enforce the various laws which are used as the basis for administrative rules that dictate how those agencies function. While the case was about The Slants, the more publicized issue was with the Redskins. For that, the last sentence of the AP article on this ruling is insightful:
"The trademark office for years had raised no concerns about the Redskins, agreeing to register the name in 1967, 1974, 1978 and 1990. But the office canceled the registrations in 2014 after finding the name disparaged Native Americans."
That sudden reversal was all about a directive coming from the White House. No new law or rule...just the president telling a federal agency how to enforce the rules via laws. Same thing happened in the opposite direction with DOMA. So, yes, this was entirely about Obama and his directives.