Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Justices say law on offensive trademarks is unconstitutional
WTOP News [Washington DC] ^ | June 19, 2017 10:35 am | AP

Posted on 06/19/2017 8:02:07 AM PDT by COBOL2Java

WASHINGTON (AP) — The Supreme Court on Monday struck down part of a law that bans offensive trademarks in a ruling that is expected to help the Washington Redskins in their legal fight over the team name.

The justices ruled that the 71-year-old trademark law barring disparaging terms infringes free speech rights.

The ruling is a victory for the Asian-American rock band called the Slants, but the case was closely watched for the impact it would have on the separate dispute involving the Washington football team.

Slants founder Simon Tam tried to trademark the band name in 2011, but the U.S. Patent and Trademark Office denied the request on the ground that it disparages Asians. A federal appeals court in Washington later said the law barring offensive trademarks is unconstitutional.

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 federal appeals court in Richmond put the team’s case on hold while waiting for the Supreme Court to rule in the Slants case.

(Excerpt) Read more at wtop.com ...


TOPICS: Breaking News; Government; News/Current Events; US: District of Columbia; US: Maryland; US: Virginia
KEYWORDS: lawsuit; nfl; redskins; ruling; scotus; trademarks
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 121-131 next last
To: Syncro

It’s a long article, but here is part of it...

I once posted an article on the web in which I referred collectively to people from China, Japan, and the Koreas as “Oriental”. I got an email from someone who informed me that this is an offensive term and that I should call such people by the specific country of origin — “Chinese” or whatever — or collectively as “Asians”. She claimed that “Oriental” refers to an object, like “an Oriental vase”, and is insulting when applied to a person.

I consider “Asian” inappropriate as it would include Siberians, Afghans, Pakistanis, etc. And of course “Chinese” is unacceptable if you want to include Japanese, Koreans, and related cultures.

So my question is: Do people from this part of the world really find the word “Oriental” offensive? If so, what term do they prefer for themselves? I’d be particularly interested in hearing from someone who actually is of Japanese, Chinese, etc., background, rather than an American or European saying what he thinks someone else thinks.

(Frankly I thought the argument about “Oriental” applying to an object was a little curious. I call myself an “American”. I don’t find it at all offensive that the same word used to describe me as a human being is also used to describe objects, like “American cars”, “American food”, etc. Both people and objects can be from the same physical place, so I don’t see any problem with using the same adjective to describe both. But maybe there are different connotations to the word “Oriental”. )
single-word-requests terminology nonsubjective ethnonyms
shareimprove this question

Oriental is quite offensive to many Asian Americans (though I can’t say all, but as an Asian American it offends me and my friends). Its antiquated—it used to be acceptable, but now it isn’t. I don’t have the research in front of me, but itd be like calling an African American the n word and thinking it’s still ok – simchona Dec 15 ‘11 at 15:53


61 posted on 06/19/2017 11:43:19 AM PDT by JBW1949 (I'm really PC....PATRIOTICALLY CORRECT!!!!)
[ Post Reply | Private Reply | To 57 | View Replies]

To: Syncro

BTW, I am NOT “politically Correct”...Hence my tagline...:^)


62 posted on 06/19/2017 11:45:47 AM PDT by JBW1949 (I'm really PC....PATRIOTICALLY CORRECT!!!!)
[ Post Reply | Private Reply | To 57 | View Replies]

To: COBOL2Java

It smelled like the Asspress. Voila.


63 posted on 06/19/2017 11:50:14 AM PDT by Luke21
[ Post Reply | Private Reply | To 1 | View Replies]

To: COBOL2Java
SJW herds, snuggled in their on-campus safe-zones, bleated that the decision "Offended" and "Oppressed" them.



 

https://twitter.com/sjwbullshit

 


64 posted on 06/19/2017 11:51:13 AM PDT by HLPhat (It takes a Republic TO SECURE THESE RIGHTS - not a populist Tyranny of the Majority)
[ Post Reply | Private Reply | To 1 | View Replies]

To: COBOL2Java

Oh, boy. Now we have a constitutional right to walk into Drunken Brawling Mick’s bar and ask for a bottle of Nigger Stout, and invest our money in the Greedy Joooo! Mutual Fund. We live in interesting times.


65 posted on 06/19/2017 11:53:49 AM PDT by Eleutheria5 (“If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: COBOL2Java

Oh, boy. Now we have a constitutional right to walk into Drunken Brawling Mick’s bar and ask for a bottle of Nigger Stout, and invest our money in the Greedy Joooo! Mutual Fund. We live in interesting times.


66 posted on 06/19/2017 11:53:56 AM PDT by Eleutheria5 (“If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DesertRhino; Reno89519

I’d rather be offended than have the govt control speech save the criminal nature of threats.

Trademarks fall into the unique situation where the govt is helping to protect the exclusive use of speech as property. Curious if/how the FCC would respond to 4-letter trademarks.


67 posted on 06/19/2017 12:16:24 PM PDT by Gene Eric (Don't be a statist!)
[ Post Reply | Private Reply | To 28 | View Replies]

To: Eleutheria5

True but we also have the right to not patronize these. And in the meantime the bureaucrats don’t get to arbitrarily censor people.


68 posted on 06/19/2017 12:28:28 PM PDT by Persevero (Democrats haven't been this nutty since we freed their slaves.)
[ Post Reply | Private Reply | To 66 | View Replies]

To: COBOL2Java

Now they should go after “hate speech.”


69 posted on 06/19/2017 12:33:56 PM PDT by wastedyears (Prophecy of sky Gods, the sun and moon)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SaveFerris

Probably a different race of people, spiritually.


70 posted on 06/19/2017 12:35:04 PM PDT by Karl Spooner
[ Post Reply | Private Reply | To 50 | View Replies]

To: COBOL2Java
One thing this does is clear the court docket of cases that challenge trademarks based on being "disparaging." I'd say that is the REAL reason for this ruling.

As far as I am concerned, there is no constitutional right to trademark, and Congress can limit federal registration of trademark (as it does copyright and patent) in any way it sees fit, for the public good. Absence of federally registered trademark does NOT infringe on free speech, and does not infringe on common law or state registered trademark.

71 posted on 06/19/2017 12:39:09 PM PDT by Cboldt
[ Post Reply | Private Reply | To 1 | View Replies]

To: truth_seeker
BTW the vote was 8-0 but I can’t find out who did not vote.

Goresuch didn't vote, because the case was argued before he was appointed.

BTW, the result was unanimous, but there are actually 3 separate opinions-- I haven't read them yet, but there is apparently some disagreement as to the rationale.

72 posted on 06/19/2017 12:59:20 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 16 | View Replies]

To: GrandJediMasterYoda
There’s a band called the Crackers made up entirely of white people......
Remember the Bus Boys?

73 posted on 06/19/2017 1:24:53 PM PDT by Impala64ssa (Islamophobic? NO! IslamABHORic)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Reno89519

“No one would name a time N* so why Redskins?”

The reality is that now we can establish an all-black NBA team called, let’s say, the Nashville Ni**ers. I’ll bet, if they WON some games, that such a team would have HUGE black support, because they would be perceived as underdogs, struggling for a chance!

Anyone want to finance such a start-up team?


74 posted on 06/19/2017 2:30:39 PM PDT by 2harddrive
[ Post Reply | Private Reply | To 13 | View Replies]

To: GrandJediMasterYoda
There’s a band called the Crackers made up entirely of white people.

There was a pro baseball team called the Black Crackers made up entirely of Negroes.

75 posted on 06/19/2017 2:59:54 PM PDT by PAR35
[ Post Reply | Private Reply | To 7 | View Replies]

To: Reno89519
No one would name a time N* so why Redskins?

There used to be a high school team named the Frisco Coons.

And if you want a blatant case of cultural appropriation, what about Ole Miss having a Black Colonel Rebel?

76 posted on 06/19/2017 3:02:39 PM PDT by PAR35
[ Post Reply | Private Reply | To 13 | View Replies]

To: COBOL2Java

Will eventually be extended to stop states from banning or refusing to issue offensive personal vehicle license plates?


77 posted on 06/19/2017 4:13:54 PM PDT by TomGuy
[ Post Reply | Private Reply | To 1 | View Replies]

To: Dilbert San Diego

“Where are lines drawn? If Redskins is offensive, then based on these criteria, Boston Celtics is offensive. So is Minnesota Vikings. Both are ethnic nicknames.”

If I were a baseball player I’d be offended to play for a team with a pejorative name like “The Yankee’s”


78 posted on 06/19/2017 4:34:39 PM PDT by Fai Mao (I still want to see The PIAPS in prison)
[ Post Reply | Private Reply | To 17 | View Replies]

To: COBOL2Java

Last year, a FReeper suggested changing the Redskin “Indian” logo to a potato. ;)


79 posted on 06/19/2017 4:41:28 PM PDT by Does so (PARIS is like OPEC, except We're Winning!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: COBOL2Java

[offensive trademarks]

Oh darn. So we HAD to sit through “I’m with her”.

Darn it.


80 posted on 06/19/2017 5:09:31 PM PDT by SaveFerris (Hebrews 13:2 Do not forget to entertain strangers, for ... some have unwittingly entertained angels)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 121-131 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson