Prohibiting Disparaging Trademarks Violates First Amendment, Federal Circuit Says
While the world's attention has been focused on the Washington Redskins' 0-2 record before the Trademark Office and federal court (its appeal to a federal appellate court is pending), a similar case has been making its way through the appeals process in a different appellate court—the Court of Appeals for the Federal Circuit.
December 23, 2015 at 12:00 PM
7 minute read
While the world's attention has been focused on the Washington Redskins' 0-2 record before the Trademark Office and federal court (its appeal to a federal appellate court is pending), a similar case has been making its way through the appeals process in a different appellate court—the Court of Appeals for the Federal Circuit.
On Dec. 22, the Federal Circuit ruled that the portion of the federal trademark statute—the Lanham Act—that prohibited the registration of disparaging trademarks is unconstitutional.
In 2006, Simon Shiao Tam began using the name “The Slants” for his Asian-American band. And in 2011, Tam applied for a federal registration of his service mark, The Slants, for entertainment services. The Trademark Office refused Tam's application because the term “slants” is disparaging to Asian-Americans and Section 2(a) of the Lanham Act prohibits the registration of disparaging marks.
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