Redskins declare victory after Asian-American band wins challenge to disparagement ban
By Josh Gerstein | POLITICO
he Supreme Court has declared unconstitutional the federal government’s practice of refusing to register trademarks that officials deem to be offensive on racial, religious or similar grounds. The justices ruled, 8-0, in favor of Simon Tam, the front man for an all-Asian-American rock band known as “The Slants.”
The U.S. Patent and Trademark Office had refused to register the band’s name, citing a law that denied trademarks that disparage individuals, institutions, beliefs or national symbols.
The result in the closely watched case could doom legal challenges to other trademarks many consider offensive, such as that for the Washington Redskins football team. The team’s owners backed the musician’s attack on the anti-disparagement rule.
“The Supreme Court’s determination that the disparagement clause is unconstitutional is somewhat surprising and begs a better explanation of the legislative history and origins of this long-term statutory exception to trademark registration than was offered in the opinion. However, this decision is great for businesses that have adopted or are considering potentially controversial brands in that it provides a much more certain path to their ability to secure federal trademark protection.”
