- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Redskins Win... banning offensive Trademark names is unconstitutional according to SCOTUS
Posted on 6/19/17 at 10:06 am
Posted on 6/19/17 at 10:06 am
8-0 decision... Great day for freedom of speech... That old 1st Ammendment's a bitch...
LINK
quote:
The law used by the U.S. Patent and Trademark Office to prevent the Washington Redskins from registering trademarks in and relating to the word “Redskins” and the logos used by the team has been ruled unconstitutional by the U.S. Supreme Court. An opinion authored by Justice Samuel Alito states that the law precluding the registration of offensive marks, such as “Redskins,” is improper under the First Amendment of the U.S. Constitution.
The Supreme Court’s opinion includes the Court’s position that it is “far fetched to suggest that the content of a registered mark is government speech, especially given the fact that if trademarks become government speech when they are registered, the Federal Government is babbling prodigiously and incoherently.”
That opinion came in the case of Matal, Interim Director, United States Patent and Trademark Office v. Tam, which reviewed a petition submitted by the lead singer of the rock group “The Slants” concerning the U.S. Patent and Trademark Office’s denial of a trademark application for the band’s name, claiming that the band’s name was found to disparage a racial or ethnic group. The case is very similar to that of the Redskins, an NFL franchise that has been fighting for its own registrations in the face of the allegation that its team name and logos are disparaging to Native Americans.
In 2014, the Trademark Trial and Appeal Board revoked six federal trademark registrations belonging to the Washington Redskins, a ruling which was affirmed by a federal judge in 2015. Obviously, revocation of the federal registrations did not halt the team’s use of “Redskins” since those decisions, but it did erase important protections that serve to cause many individuals and corporations to file for such protections in the first place, including but not limited to providing for favorable remedies to federal registration holders — i.e. the right to sometimes receive an injunction against wrongful use and enhanced statutory damages.
In September 2016, the Supreme Court announced that it would hear the similar case concerning The Slants, which indirectly was a win for the Redskins franchise as it would shed light on its own pending trademark battle. The key issue was a determination surrounding the extent that the First Amendment bars content-based discrimination in the context of granting federal trademark registrations. The Supreme Court decided that the bar is quite extensive.
“The Patent and Trademark Office (PTO) denied the application based on a provision of federal law prohibiting the registration of trademarks that may ‘disparage . . . or bring . . . into contemp[t] or disrepute’ and ‘persons, living or dead.’ 15 U. S. C. 1052(a). We now hold that this provision violates the Free Speech Clause of the First Amendment. It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”
As such, it is safe to assume that the Washington Redskins will be able to take up its fight for reinstatement of its own registrations and likely succeed in its efforts.
LINK
This post was edited on 6/19/17 at 10:09 am
Posted on 6/19/17 at 10:08 am to Jack Ruby
Still one of my favorite franchises in all of sports.
Posted on 6/19/17 at 10:10 am to Rhino5
frick the deadskins.
But congrats to them on this ruling. Excellent decision IMO.
But congrats to them on this ruling. Excellent decision IMO.
Posted on 6/19/17 at 10:13 am to Jack Ruby
How this provision in the Lanham Act remained for so long despite clearly breaching Amendment 1 makes literally zero sense
Posted on 6/19/17 at 10:14 am to TbirdSpur2010
quote:
frick the deadskins.
But congrats to them on this ruling. Excellent decision IMO.
Posted on 6/19/17 at 10:16 am to Jack Ruby
we can now say the R word...thank god
Posted on 6/19/17 at 10:17 am to ThePTExperience1969
quote:
How this provision in the Lanham Act remained for so long despite clearly breaching Amendment 1 makes literally zero sense
Its easy to believe when you have left wing judges playing god from the bench. Upholding bullshite rulings when they know the shite is unconstitutional. They try to convince themselves that freedom of speech only goes so far.
Posted on 6/19/17 at 10:33 am to Kracka
The fact that the decision was so slanted by SCOTUS just shows how easy of a decision and just how bullshite the claim was to begin with.
The fact that the US patent office did this is even more disturbing. Not to get too political, but the previous administration corrupted so many federal agencies by using them as political arms to enforce ideology. This clearly unconstitutianl case is just but one example.
The fact that the US patent office did this is even more disturbing. Not to get too political, but the previous administration corrupted so many federal agencies by using them as political arms to enforce ideology. This clearly unconstitutianl case is just but one example.
This post was edited on 6/19/17 at 10:34 am
Posted on 6/19/17 at 10:44 am to Jack Ruby
quote:
but the previous administration corrupted so many federal agencies by using them as political arms to enforce ideology
"cough", DOJ!, "cough", "cough".
Such an obvious outcome, but encouraging to see the shutout.
Posted on 6/19/17 at 10:47 am to Jack Ruby
quote:
The fact that the US patent office did this is even more disturbing. Not to get too political, but the previous administration corrupted so many federal agencies by using them as political arms to enforce ideology. This clearly unconstitutianl case is just but one example.
But muh beer with Obama!
Posted on 6/19/17 at 11:01 am to TbirdSpur2010
quote:
frick the deadskins.
But congrats to them on this ruling. Excellent decision IMO.
so we're clear. the ruling was over a the trademark of "The Slants", the name of an asian rock band
incidentally, the Redskins will get their TM back
*ETA: this is STRONG
quote:
"It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend."
This post was edited on 6/19/17 at 11:03 am
Posted on 6/19/17 at 11:04 am to TbirdSpur2010
quote:
frick the deadskins.
and frick you
Posted on 6/19/17 at 11:11 am to Jack Ruby
quote:
The fact that the decision was so slanted by SCOTUS just shows how easy of a decision and just how bullshite the claim was to begin with. The fact that the US patent office did this is even more disturbing. Not to get too political, but the previous administration corrupted so many federal agencies by using them as political arms to enforce ideology. This clearly unconstitutianl case is just but one example. This post was edited on 6/19 at 10:34 am
You know it is out of whack when the ACLU was supporting a challenge to trademark decision.
Posted on 6/19/17 at 11:20 am to ThePTExperience1969
quote:
How this provision in the Lanham Act remained for so long despite clearly breaching Amendment 1 makes literally zero sense
A lot of things about government and its constant ability to self-sustain makes zero sense.
Did you know that many government agencies were still required to submit annual reports on their progress on updating their systems for the Y2K bug?
Y.
2.
K.
In the year 2017 they were still forced by regulatory requirements to take time and government expense to report on their "progress".
Welcome to bureaucratic and administrative nightmare government.
(P.S. Trump just did away with the Y2K reg. Here. In 2017.)
Posted on 6/19/17 at 11:22 am to beatbammer
Go Trump and nice profile pic btw
Popular
Back to top
Follow TigerDroppings for LSU Football News