Federal appeals court rules government cannot reject offensive trademarks News
Federal appeals court rules government cannot reject offensive trademarks

The US Court of Appeals for the Federal circuit [official website] ruled [opinion, PDF] Tuesday that the government cannot refuse to register trademarks that might be considered disparaging or offensive. The ruling sided with the Asian-American rock band The Slants, who tried to register the name as a trademark. The US Patent and Trademark Office (USPTO) [official website] had refused to register the mark or give it any protection on the grounds that it it disparages and is offensive to Asians. The majority in the opinion argued [AP report] that barring offensive trademarks is unconstitutional as “even hurtful speech that harms members of oft-stigmatized communities” is protected under the First Amendment. This ruling overturns [IPWatchdog report] the portion of Section 2(a) of the Trademark Act [statutory language], which bars federal registration for trademarks that are disparaging. It is now up to the government to determine whether to appeal the case to the supreme court.

There has been a great deal of controversy surrounding disparaging trademarks and names over the past few years due to the National Football League (NFL) team, the Washington Redskins. In August 2014 the Washington Redskinsfiled an appeal [JURIST report] in federal court to challenge a June ruling by the Trademark Trial and Appeals Board of the USPTO that found the name “Redskins” is “disparaging of Native Americans.” The Redskins faced a similar ruling by the Board in 1999, which was later overturned on appeal. The August complaint marked the beginning of new litigation [Think Process report], but many of the issues from earlier cases remained unchanged. In June 2014 the USPTO announced that it would cancel six trademark registrations [JURIST report] belonging to the Washington Redskins. Administrative trademark judge Karen Kuhlke cancelled trademarks associated with the team’s name, logo and the name of their cheerleading squad. The Washington Redskins’ name was criticized [JURIST report] by UN Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, who called in April of last year for the team to change their name out of respect for the “historical and cultural legacy of the Native Americans in the US.” Anaya visited the US in 2012 to launch [JURIST report] the UN’s first ever investigation into the rights situation of Native Americans.

THIS DAY @ LAW

Justice Department brings anit-trust action against AT&T

On November 20, 1974, the Department of Justice filed its final anti-trust suit against AT&T. United States v. AT&T was ultimately settled out of court with an agreement that the corporation would break up its monopoly on phone service throughout the country.

Nuremberg war crimes trials began

On November 20, 1945, the war crimes trials of Nazi World War II leaders began in the German city of Nuremberg. Review the Nuremberg Tribunal's Charter and the verdicts and sentences handed down on major war figures.

Winston Churchill born

On November 20, 1874, Sir Winston Churchill was born in Woodstock, England. He would go on to lead the United Kingdom as Prime Minister through World War II. Toward the end of the war, Churchill worked with US President Franklin D. Roosevelt to craft the treaties and accords that have defined the world since WWII. A 2002 poll by the BBC declared Churchill the Greatest Briton of all time.

New Jersey ratifies Bill of Rights

New Jersey ratified the Bill of Rights, a set of 10 fundamental amendments to the US Constitution, on November 20, 1789, becoming the first state to do so. The state also ratified an amendment on federal representation which ultimately failed. Additionally, New Jersey rejected an amendment on congressional salaries, which would eventually become the 27th Amendment more than 200 years later. Read the articles ratified by New Jersey.