Advocates to Fight Washington Team's Name, Despite Court Ruling in Similar Case

Supreme Court Offensive Trademarks

When the Asian-American dance-rock band the Slants tried to trademark their name, they were denied by the U.S. Patent and Trademark Office.

The Redskins made similar arguments after the trademark office ruled in 2014 that the name offends American Indians and canceled the team's trademark.

A lower court agreed with Tam and the Supreme Court on Monday upheld that decision, saying that the "disparagement clause" of the Lanham Act unconstitutionally infringed on free speech rights. It offends a bedrock First Amendment principle: "Speech may not be banned on the ground that it expresses ideas that offend". Now it is believed the team will be able to register and protect their name. Fundamentally, the First Amendment prevents the government from punishing or suppressing speech based on disapproval of the ideas or perspectives the speech conveys.

"W$3 e're beyond humbled and thrilled to have won this case at the Supreme Court", wrote band frontman Simon Tam, who filed the original lawsuit against the Patent and Trademark Office. As the trademark office's manual puts it, an examiner determines whether or not the mark would be found disparaging by a "substantial composite, although not necessarily a majority, of the referenced group".

Said Tam, "The establishment of an Asian American band was a political act in of itself, even though we never considered ourselves as a political group". He expects the team to write a letter citing the Supreme Court decision and the 4th Circuit to overturn the district court decision that upheld cancellation of the team's federal trademark registrations.

This contradicts the inflammatory myths being circulated that the term came from the practice of paying a bounty for Indians (using a "red skin" in reference to a bloody, red scalp of a Native American).

Sridevi AND Anil Kapoor to return for "Mr India" sequel?
Sridevi was last seen in Tamil film Puli . "But to the world, it became a reason to misunderstand me", Sridevi said. The source also revealed that Sridevi and Anil Kapoor wouldn't be the only important actors working in the sequel.

St. John's University intellectual property law center director Jeremy Sheff said while the Supreme Court has essentially shut the door on legal challenges to the Redskins name, "there can still be social pressure brought to bear". Issuing a license of sorts, specifically for the Redskins trademark, isn't the speech of the government.

"Now, you well know people say things that you strongly disagree with".

But Amanda Blackhorse, a Navajo woman who has been the lead plaintiff in a yearslong legal fight against the team's name, said the fight is not over, adding that years of litigation have found that "the term is offensive".

Some of this is simply too much of a mess to dissect here, such as the idea that holders of an "offensive" trademark could somehow chill protest by suing people who "criticize the use of such marks".

Blackhorse called the decision "disheartening" after 11 years of litigation.

Importantly, nothing stopped Tam from exclusively using The Slants for the name of his band and from stopping others from using The Slants, should he choose to do so, by asserting a claim for unfair competition or false designation of origin under 15 U.S.C. § 1125. They were unanimous in rejecting the argument that federal trademarks are the government's own speech and thus immune from First Amendment scrutiny of any kind.

Related News:



Most liked

Wozniacki and Mladenovic in quarter-final action
However, the youngster was able to seize the advantage in set two, moving a double-break up at 5-2 before play was suspended. Bacsinszky - seeded 30th - won the crucial ninth game to go 5-4 up and then successfully held serve to win the first set.

Umar Farouk Osman named Gatorade National Boys Soccer Player of the Year
Lewis, who is committed to play next season at Minot State, scored 11 goals and had five assists this season for Minot. Knapstein is now a finalist for the National Player of the Year, which will be announced later this month.

Andhra CM sacks ex-Chief Secretary for FB posts
Rao has been the first Chief Secretary of residual state of Andhra Pradesh after the bifurcation of the United Andhra. Rao was the first Chairman of the corporation constituted for the welfare of Brahmins with Rs 100 crore corpus fund.

Points to Know As Georgia House Race Heads to Voters
While Trump won the district by only 1 percent in November, Georgia's 6th congressional district usually favors Republicans. Ms Handel, 55, spent Monday campaigning across the district, and received support from a Donald Trump tweet on Tuesday.

After UP and Maharashtra, Punjab government announces farm loan waiver
BJP governments led by Yogi Adityanath and Devendra Fadnavis are in power in Uttar Pradesh and Maharashtra, respectively. Deputy chief minister Sukhbir Singh Badal said on Tuesday that the decision will be implemented from July 1.

Los Angeles Lights Bat-Signal For Late Actor Adam West
Without the success of the original Batman series, it is hard to imagine where television or superhero content would be today. In this real life setting, it was Garcetti who fired up the spotlight, alongside Los Angeles police Chief Charlie Beck.

Confederations Cup : Ronaldo's Portugal take on hosts Russian Federation
It's the first time Portugal has played in this tournament so it's a privilege for all of us. 'It's the new rule. Salceio slips, and Ronaldo taps the ball across for Quaresma to cut past the "keeper for an easy finish".

Boeing, Airbus compete for orders at air show
Boeing , the world's No. 1 plane maker, said Tuesday that passenger traffic is poised to grow 4.7% over the next two decades. Delivery to airlines like United Airlines, British Airways and launch customer Singapore Airlines will begin next year.

Terri Sewell votes against bill aimed at reversing Dodd-Frank financial regulations
Hensarling, Texas Republican. "With this bill, Members are being asked to again trust the very people who brought us to this financial crisis", Crist said.

Trump calls Warmbier's death a 'total disgrace'; public service set
The North Korean government has vowed to develop a nuclear-tipped intercontinental missile capable of hitting the USA mainland. Or maybe North Korea concealed his medical condition for so long in the hopes that he'd recover.

RAAF halts military flights over Syria amid escalating 'potential threats' from Russian Federation
Moscow has condemned the US downing of the Syrian government fighter jet after it dropped bombs nears USA partner forces. It also issued what appeared a threat to target US coalition aircraft flying west of the Euphrates River.

Do We Want It? Zayn Malik's First Versus Versace Collection
In LA [his own usual USA base], it's more catered to these things - you've got back entrances and that. Zayn Malik- singer, designer , pie chef.

Gagnon Securities LLC Raises Stake in Chipotle Mexican Grill, Inc. (CMG)
RI acquired a new position in shares of Chipotle Mexican Grill during the first quarter valued at approximately $203,000. The firm owned 2,534 shares of the restaurant operator's stock after buying an additional 299 shares during the period.

Canadian National Railway Company (CNR) PT Raised to C$115.00
Finally, Wells Fargo & Company assumed coverage on shares of Canadian National Railway Company in a report on Monday, March 13th. Finally, AGF Investments Inc. raised its stake in shares of Canadian Pacific Railway Limited by 66.4% in the first quarter.

ADL urges hate crime probe in slaying of US Muslim teen
Another vigil, in Hassanen's hometown of Reston, Virginia , is planned for Wednesday. "Somebody took her life for no reason". South Lakes High School Principal Kim Retzer said in a letter Tuesday that she visited with Nabra's family a day earlier.