"The Slants" (trademark disparagement) / Wash. Redskins

[-Olen-]

* apologies / indulgences for repeating a post from OF -- sufficiently non-sport to be included here for anyone not on OF *

Today, SCOTUS issued the Tam decision (better known as one individual member of the Asian-American rock band "The Slants"), which wound its way through the federal court system as a tussle between the band (and their attempt to register the trademark "THE SLANTS" for the band name) and the US Patent & Trademark Office (USPTO) and its refusal to register the trademark because of the allegedly disparaging nature of the term.

As I expected (with a slight-tinge of expecting the unexpected with the high court), I thought any SCOTUS decision would uphold the Federal Circuit's decision/conclusion that the statutory provision that allows the PTO to reject trademark applications based on disparagement is unconstitutional as a violation of the First Amendment. In fact, SCOTUS surprised in one aspect: the decision was 8-0 (Gorsuch abstained from participating).

Where this dovetails with the Washington Redskins trademark row with the USPTO (and Complainant-Blackhorse) is that the statutory section used in the Tam (Slants) matter is the same statutory section used to "cancel" the six Washington Redskins marks. The now-declared unconstitutional provision should result in a near-immediate petition by the NFL franchise to have the PTO remove its rejections and cancellations of the marks, and remove all further encumbrances on the six marks in question.

For additional background (and my thoughts), consider:

Wash. Redskins pt. 1

Wash. Redskins pt. 2

The Slants

 

[-CarlHungus-]

So does this mean I can finally wear my favorite team t shirt without fearing any backlash?

 

[wisemaniac]

So does this mean I can finally wear my favorite team t shirt without fearing any backlash?

I'll do you one better - wear a t-shirt from this place, which actually exists.

 

[sistersville]

Redskins is a very racist term

 

[GK4Herd]

I've had the breakfast bar at Tar Baby's in Cherry Grove. Always wondered how there wasn't a backlash. Not because of the name...but because of all the grease the food was cooked in.

 

[GreenDuke]

Redskins is a very racist term

Pot Sistersville, meet kettle Sistersville.

 

[GK4Herd]

Redskins is a very racist term

Unless they are a gay, right?

 

[wisemaniac]

I've had the breakfast bar at Tar Baby's in Cherry Grove. Always wondered how there wasn't a backlash. Not because of the name...but because of all the grease the food was cooked in.

Just about every time I would go watch at show at the HoB in North Myrtle I would stay with a girl who lived near that Tar Baby's. Same here - I always wondered how they escaped the SJW protests. We grabbed breakfast there one morning & the food was one step below a Shoney's.

 

[i am herdman]

 

[i am herdman]

 

[sistersville]

I know all people are equal but even the indians treated gay people badly. If a indian man was gay they dressed him like a woman and he worked along side the other women in his daily chores
I quess im homaphobic.I Friends i had that were gay evently turned hostile against anybody who didnt fight for their cause. Hate mongrols''' Dont judge my heart by what I have writen because you are always wrong. Actually its playing God. Trying to do what only God can do. Dont mean that in a bad way. Most all on here are good people. If even i get crucified and called all kind of things on here and I really just want to get along. I am only guilty of failing to type what I am trying to say. It comes out bad sometimes when im in a hurry to type.