emfizz.com
emfizz.com June 26, 2017


Supreme Court rules that offensive trademarks, like the Washington Redskins, are legal

20 June 2017, 09:37 | Gladys Abbott

Supreme Court Sides With Portland Band The Slants In Trademark Dispute

Supreme Court says government can't ban offensive trademarks

"(The idea that the government may restrict) speech expressing ideas that offend ... strikes at the heart of the First Amendment", wrote Justice Alito in his opinion. The board said the term "slants" referred to people of Asian descent in a disparaging way.

The law used by the U.S. Patent and Trademark Office to prevent the National Football League team from registering trademarks in and relating to the word "Redskins" and the logos used by the team was ruled unconstitutional by the Supreme Court.

Still, Redskins owner Dan Snyder has stood his ground, arguing that the team name "represents honor, respect, and pride".

But a block of justices, including Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor also agreed to some parts of the decision, finding, in the words of the court, "To permit viewpoint discrimination in this context is to permit Government censorship".

The decision was expected to open the floodgates for offensive terms to be registered as trademarks in the US.

Their fight wasn't meant to help sports teams like the Redskins.

On Monday, the Supreme Court issued a unanimous ruling that trademarks are protected by the First Amendment, even if they are offensive.

Tam took the case to federal court, where the relevant clause was struck down for violating the First Amendment.

GOP official: Congressional shooting will help us win Georgia election
Karen Handel talks to supporters during a campaign stop in Alpharetta, Georgia in April. The cheap political tricks used by the Democrats prove just how desperate they are.


So, President Trump isn't under investigation after all?
Dianne Feinstein of California, the top Democrat on the Senate Judiciary Committee, said Friday in a statement. To make sure the message got out, he hit as numerous Sunday shows as he could.


Stephen Colbert: Donald Trump Tweets He's Under Investigation; His Lawyer Disagrees
In that role, Mueller is not independent - he answers to Rosenstein (because Jeff Sessions , the attorney general, is recused). Himes says it's important for the committee to conduct its investigation right rather than quickly.


In the Slants case, government officials argued that the law did not infringe on free speech rights because the band was still free to use the name even without trademark protection. Instead, the case involved an attempt in 2011 by Slants founder Simon Tam to trademark the band's name.

In a filing Monday, the Justice Department defended the Trademark Trial and Appeal Board's decision previous year to strip the team of protections.

If the federal registration of a trademark makes the mark government speech, the Federal Government is babbling prodigiously and incoherently.

In particular, the NFL's Washington Redskins-who will evidently stick by that name until death-should be able to re-register for trademarks previously canceled for being disparaging towards Native Americans.

A federal court initially sided with The Slants, and today the Supreme Court did so too, unanimously, in fact. It is expressing contradictory views.9 It is unashamedly endorsing a vast array of commercial products and services.

The trademark office also denied registration to a group called "Abort the Republicans" and another called "Democrats Shouldn't Breed", according to NPR. "Contrary to the Government's contention, trademarks are private, not government speech".

But the Supreme Court has now decided that provision is unconstitutional.



Other News

Trending Now

Jack Black confirms Jumanji sequel will feature Robin Williams tribute
According to Black , in the new film, they are exploring the jungle and it's a life and death struggle to conquer the game. Black and co-star Nick Jonas were promoting the film at Cine Europe 2017, an annual cinema convention held in Barcelona .

NY charges three over Damien Hirst forgery ring
According to DNA Info , Lopreto could receive a sentence of up to 20 year in prison if he is convicted. Lopreto, who previously served time in NY state prison for selling forged Hirsts, pleaded not guilty.

It´s very confusing - Santos bemused by VAR after Portugal draw
And in what was an evenly contested affair, Fernando Santos's side were held to a 2-2 draw thanks to a late equaliser from Hector Moreno .

Brooks Koepka sweeps to US Open victory
Brooks Koepka admitted patience was the key to his record-equalling victory at the 2017 US Open at Erin Hills on Sunday. Koepka had been on the punishing Challenge Tour schedule, taking in events from Kazakhstan to Kenya.

Eurogroup agrees 8.5-bln-euro bailout distribution to Greece
The IMF, which took part in Greece's two previous bailouts, has long insisted that more debt relief be part of a deal. He says this is a major step forward, as there is agreement on all elements of the latest bailout.

Irish Taoiseach 'reassured' over Tory-DUP deal
Upon arriving at 10 Downing Street, Varadkar said he was reminded of a specific scene from a famous film. The DUP's deal to prop up the Tories at Westminster is also likely to be discussed at Downing Street.

Singapore PM apologizes for family feud
Claims of nepotism are highly sensitive in Singapore where the People's Action Party has remained solidly united for decades. The Prime Minister took to Facebook yesterday to apologise to Singaporeans over the Oxley-squabble.

Gonski 2.0: Independent schools condemn Government's plan to fund Catholic institutions
It shows Catholic schools would lose $705 million over the next four years if the new model is passed while public schools would gain $693 million.

Iran launches missiles into eastern Syria - KXLF.com | Continuous News | Butte, Montana
Iran said the attack was a warning to terrorists and their backers not to attempt further such attacks on Iran. Iranian officials meanwhile offered a series of threats of more strikes, including former Guard chief Gen.

Iran launches missiles into eastern Syria
He added that the Islamic Republic's missile power advances common global campaign to eradicate Daesh, extremism and terrorism. As per the reports, several ground-to-ground, mid-range missiles were fired from bases in Kermanshah province, western Iran .