Could The Slants’ Trademark Suit Affect NFL’s Redskins’ Flap?

Emil Guillermo, NBC News, April 28, 2015

The trademark appeal of the Asian-American rock band, The Slants, has been re-instated after a Federal Circuit appellate panel vacated an earlier ruling denying the band’s right to its name.

The band has claimed its name was not a slur and is fighting a long-standing court interpretation that disparaging words are not permitted for trademark.

Monday’s court ruling allows the Slants to come before the full Federal Circuit court but with a different argument. Instead of procedural issues, the crux of the band’s case, the court has limited the issue to a single question: Does the bar on registration of disparaging names violate the First Amendment?

“Either it means that the court wishes to really examine how the First Amendment should apply to trademark litigation, or they wish to rule once and for all that this has nothing to do with freedom of speech,” Simon Tam, the founder of the band, told NBC News. {snip}

But if the court rules for the Slants and that the current interpretation is a violation of the First Amendment it it could have huge repercussions in a concurrent battle in the fight over the Washington NFL team’s use of the “Redskins” name.

{snip}

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  • MekongDelta69

    Seriously. Do we have a First Amendment anymore in this country?

    Or any Amendments, for that matter?…

    • dd121

      Answer: No.

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  • There is no “fight over the Washington NFL team’s use of the ‘Redskins’ name.” There is, or rather, was, agitprop to turn out American Indians to vote Democrat last fall. Harry Reid basically confessed to that.

    • propagandaoftruth

      Maybe the Skins should move to Las Vegas and become the Comanches.

      Nah, but a big shout out for our friends, the Slants.

  • Jason Lewis

    Uncle Kracker is joining the suit.

  • InAFreeCountry

    The Washington Redskins should change their name to the Deadskins, Dallas fans have been calling them that for decades.
    My other suggestion was keep the name, but change the mascot to a redskin potato, like Mr. Potato Head with a feather.

  • Hilis Hatki

    Baltimore Ravens is a insult to Ravens.

    • The Worlds Scapegoat

      Ravens are black. Ravens make a lot of noise. Ravens steal.

      Sounds like Baltimore

      .

  • ….