Congressional Digest

Supreme Court Debates March 2017 No. 3 Vol. 20
Offensive Trademarks

Offensive Trademarks

Free Speech and Protection for "Disparaging" Words

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Excerpt

In 2006, artist, musician and activist Simon Tam of Portland, Oregon, founded the first all-Asian dance-rock band, which he named The Slants. The group released several albums and toured extensively, building an international following. Tam attempted to register the name of his band in 2011 with the U.S. Patent and Trademark Office (PTO) to provide legal protection from those who might try to use the band name or otherwise profit from it. The PTO rejected his application, however, finding that the name was a common racial slur for Asians and therefore ineligible for registration under the Lanham Act of 1946….

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