giftedviz.com
giftedviz.com July 27, 2017


Supreme Court strikes down law blocking disparaging trademarks

26 June 2017, 11:40 | Marion Schneider

Simon Tam of The Slants. Ariel Zambelich NPR

Simon Tam of The Slants

The case has far-reaching implications, most notably in the on-going legal battle by the Washington Redskins to secure a trademark for its controversial team name, the Washington Post reported.

According to the Telegraph, Justice Samuel Alito said, "The disparagement clause violates the First Amendment's free speech clause".

"The Supreme Court has held that Congress can not keep disparaging trademarks out of the federal registration program", they said, "but the Court did nothing to cast doubt on the prior judicial findings that the Washington NFL team's name and trademarks disparage Native Americans".

In 2015, Tam won a case in the United States Court of Appeals for the Federal Circuit.

The court ruling came in a separate case brought by Oregon-based, Asian-American band The Slants, which had been denied a trademark because its name was considered disparaging.

"The Lanham Act is a federal law that - until today - permitted the government to deny registered trademarks determined to be "disparag [ing],' or otherwise "offensive" or "immoral" to a "substantial composite" of an affected group".

The top USA court says the government can not deny registration of trademarks with offensive terms, arguing that is a violation of the right to free speech.

The federal government argued that trademarks constitute government speech, and the First Amendment should not be understood as requiring the government to make offensive statements.

North Korea has tested a heavy duty engine for ballistic missiles
Moon's push to improve frayed ties hasn't reported much progress, with the North test-launching a series of newly built missiles. South Korea's military plans to deploy the Hyunmoo-2 missile after conducting two more tests.


Nancy Pelosi not the real problem for Democrats: Carly Fiorina
Pelosi brushed off the tweet , contending that Trump hadn't actually written it himself because "it's a classic Republican line". Rosen is a likely candidate for Senate against the most endangered GOP Senate incumbent, Dean Heller of Nevada.


Hope Dems Don't Force Pelosi Out, Would Be 'Very Bad' for GOP
The Georgia race showed "the effectiveness of Trump's staying power" despite the scandals rocking the White House, Swint said. She said Democrats had an opportunity to put in some new leadership after the disastrous 2016 election.


Slants founder Simon Tam said his goal was to reclaim a derisive slur and transform it into a badge of ethnic pride.

The court argued that trademarks are private, not government speech, and therefore are protected.

The Supreme Court has upheld that conclusion in Matal v. Tam (the case originated was Lee v. Tam, but changed with the appointment of Joseph Matal as PTO Director).

The Supreme Court has ruled in favor of The Slants, a Portland-based band, in a free speech and trademark case. This journey has always been much bigger than our band: "it's been about the rights of all marginalized communities to determine what's best for ourselves", Tan said.

Trademark office spokesman Paul Fucito said officials are reviewing the court's ruling and planned to issue further guidance on how they will review trademark applications. The decision is likely to improve the Redskins' chances of retaining their trademark.

The opinion may affect the NFL's Washington Redskins, who are involved in a legal dispute with the U.S. Trademark Office.

This SCOTUS ruling protects Washington's First Amendment right to do just that. The protections include blocking the sale of counterfeit merchandise and working to pursue a brand development strategy.



Other News

Trending Now

Seoul Conducts Missile Test as Pyongyang Tests Rocket Engine
Moon's push to improve frayed ties hasn't reported much progress, with the North test-launching a series of newly built missiles. The previous intercept test, conducted in February, had been successful.

West Indies vs India 1st ODI: Rain has final say in Trinidad
In contrast, if the West Indies win two matches in the series, then India will drop behind England to fourth place at 112 points. Further, West Indies have not beaten India in a bilateral series in 11 years, losing 16 of their last 26 matches.

Great Barrier Reef a $42 billion asset 'too big to fail'
But it ascribes nearly as much - $24 billion - to Australians who are yet to see it, but value knowing that it exists. This is more than twice the number of jobs in the Australian oil and gas extraction industries.

Twitter is not having it with the Obamacare repeal hashtag #HellerVoteYes
A comparative moderate, Heller supports the expansion of Medicare that was included in the Affordable Care Act . The Senate bill takes immediate steps to stabilize insurance markets for the next two years.

F1 win: 'I was just giggling like a schoolboy'
Hamilton , less angry in his media briefing than immediately after the race on television, maintained Vettel shunted him on goal . It was also a superb performance from Stroll, the son of a billionaire, who faced heavy criticism earlier in the season.

Dr Mahmud Ahmad Is Alive, May Have Fled Marawi
Still addressing the Maute Group , the Ulama leaders said they are "willing to see you for a dialogue, to solve this problem". The clashes prompted President Rodrigo Duterte to place the entire Island of Mindanao under martial law.

Supreme Court legalizes interracial marriage
Their sentences were suspended on condition that they leave Virginia and not return together for at least 25 years. Governor Terry McAuliffe today announced a new state historical marker to commemorate the U.S.

Teen girl falls 25 feet from amusement park ride in upstate NY
Her little brother was shaken but uninjured, she said. "We were in the right place at the right time". As witnesses below stretch out their arms, they reassure the girl they will catch her.

The Russian team lost to Mexico and left the confederations Cup
Ronaldo scored with a penalty kick in the 33rd minute, four minutes before Bernardo Silva slipped a shot into an unguarded goal. Mexico were soon back on terms, though, with Araujo looping his close-range header over Igor Akinfeev in the 30th minute.

Eid al-Fitr 2017: Donald Trump snubs iftar dinner
Imam Talib Shareef of the Nation's Mosque in Washington said not hosting one this year was "disappointing". Others noted former US President Barack Obama held the last Ramadhan iftar at the White House .