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Offensive trademarks are OK in US (Redskins relevant)
Yahoo News ^ | December 22, 2015 | Staff

Posted on 12/22/2015 9:56:14 AM PST by abb

A US appeals court has struck down a provision of a federal law that barred the registration of offensive trademarks because it violates the First Amendment of the US Constitution.

The decision on Tuesday by the US Court of Appeals for the Federal Circuit in Washington, DC, vacates the refusal by the US Patent and Trademark Office to register the name of the Asian-American rock band, The Slants.

It could also affect the decision by the agency to cancel the trademarks of the National Football League's Washington Redskins.

"We recognise that invalidating this provision may lead to the wider registration of marks that offend vulnerable communities," Circuit Judge Kimberly Moore said in the opinion on behalf of the 12 judges who took part in hearing the case.

"Whatever our personal feelings about the mark at issue here, or other disparaging marks, the First Amendment forbids government regulators to deny registration because they find the speech likely to offend others."

snip

(Excerpt) Read more at au.news.yahoo.com ...


TOPICS: Business/Economy; Extended News; Government; News/Current Events; US: District of Columbia
KEYWORDS: courts; districtofcolumbia; kimberlymoore; nfl; redskins; slants; trademark; washingtonredskins
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This just in.
1 posted on 12/22/2015 9:56:14 AM PST by abb
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To: abb

THIS IS HUGH!


2 posted on 12/22/2015 9:57:37 AM PST by Gamecock ( Do not be afraid of those who kill the body but cannot kill the soul...Matthew 10:28)
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To: abb

http://www.billboard.com/articles/business/6820724/rock-band-the-slants-first-amendment-appeal-disparaging-trademarks

http://www.scribd.com/doc/293862992/In-Re-Tam


3 posted on 12/22/2015 9:58:46 AM PST by abb ("News reporting is too important to be left to the journalists." Walter Abbott (1950 -))
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To: abb

Everything is offensive to someone. It’s why this stuff about offending people is so lame. It is outside the scope of the government’s function.


4 posted on 12/22/2015 9:59:46 AM PST by cuban leaf (The US will not survive the obama presidency. The world may not either.)
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To: cuban leaf

Wow, an Asian American band call themselves The Slants?? Really??? Sounds like they don’t give a blank about political correctness.


5 posted on 12/22/2015 10:02:34 AM PST by Dilbert San Diego
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To: Gamecock

SERIEZ!!!


6 posted on 12/22/2015 10:04:29 AM PST by Vendome (Don't take life so seriously-you won't live through it anyway - "Enjoy Yourself" ala Louis Prima)
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To: Dilbert San Diego
Wow, an Asian American band call themselves The Slants?? Really??? Sounds like they don’t give a blank about political correctness.

LOL, thats hilarious, and I give them tons of credit.

7 posted on 12/22/2015 10:05:15 AM PST by Paradox (Not on the Trump Bandwagon, but I do enjoy the show.)
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To: abb

‘Offensive’ if you’re one of the small army of perpetual adolescents who lay claim to onion-skin paper thin hide.


8 posted on 12/22/2015 10:06:42 AM PST by Jack Hammer
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To: abb
"We recognise that invalidating this provision may lead to the wider registration of marks that offend vulnerable communities," Circuit Judge Kimberly Moore said in the opinion on behalf of the 12 judges who took part in hearing the case.

How insulting is that term, "vulnerable communities". That crap is so diminishing I don't know why so many minority groups put up with it.

9 posted on 12/22/2015 10:07:10 AM PST by Junior_G (Funny how liberals' love affair with Muslims began on 9/11)
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To: abb

Dey be schlonged!


10 posted on 12/22/2015 10:11:41 AM PST by Zuben Elgenubi (NOPe to GOPe)
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To: cuban leaf

Because if you are offended, then you are a victim. And victimhood is held in the highest regard by liberals. That is unless you are a white Christian conservative. Then you are prohibited from being offended.


11 posted on 12/22/2015 10:12:50 AM PST by Blood of Tyrants (There's a right to gay marriage in the Constitution but there is no right of an unborn baby to life.)
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To: abb
the First Amendment forbids government regulators to deny registration because they find the speech likely to offend others."

But what about political correctness, safe spaces, and all of those "rights"?

12 posted on 12/22/2015 10:19:50 AM PST by oldbrowser (Who created existence ?)
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To: abb

Ten bucks says the loser appeals to SCOTUS, who will take it and reverse the CAFC. “Trademark” is not a free speech issue, it is a recognition of commercial value. A person can still use the offensive trademark, they just lose whatever value registration has. Trademark can exist independent of registration.


13 posted on 12/22/2015 10:24:35 AM PST by Cboldt
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To: abb

I’ll have to check the temperature in Hell.


14 posted on 12/22/2015 10:30:45 AM PST by bjorn14 (Woe to those who call good evil and evil good. Isaiah 5:20)
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To: abb

Great. I want to see Pekin, Illinois High School go back to being nicknamed the “Chinks”


15 posted on 12/22/2015 10:35:31 AM PST by technically right
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To: abb

Someone’s walking around bow-legged today. Does this mean you can really get what you want on a vanity license plate?


16 posted on 12/22/2015 10:36:52 AM PST by meatloaf
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To: Cboldt

Denying trademarks based on content is using government power to discourage certain kinds of speech and encourage others. It provides special political protection to preferred speech.


17 posted on 12/22/2015 10:42:57 AM PST by wideawake
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To: wideawake
-- Denying trademarks based on content is using government power to discourage certain kinds of speech and encourage others. It provides special political protection to preferred speech. --

It's just line drawing. One can't register profanity as a trademark, but one can use profanity.

The benefit to registration is a presumption that the registrant has a valid claim to the mark, and can exclude others from using the mark in commerce. The same argument can work without registration, one only loses the presumption.

18 posted on 12/22/2015 10:48:14 AM PST by Cboldt
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To: technically right

Yep I remember hearing about the Pekin Chinks. Back when Beijing was still pronounced Peking, the similarity of names between Pekin and Peking led them to adopt the Chinks nickname.

Speaking of which, when Peking became Beijing, did the Chinese food dish called Peking duck become Beijing duck???


19 posted on 12/22/2015 10:52:42 AM PST by Dilbert San Diego
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To: abb

Good.


20 posted on 12/22/2015 10:53:47 AM PST by apocalypto
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