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Trademark Law - 1/1/2016 12:28:58 PM   
KenDckey


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https://www.yahoo.com/news/constitution-check-does-first-amendment-protect-offensive-trademarks-122415720--politics.html?nhp=1

quote:

– Excerpt from a 9-to-3 decision by the special federal court in Washington that decides patent and trademark cases – the U.S. Court of Appeals for the Federal Circuit. The decision, issued December 22, applies the First Amendment to bar the government from enforcing in any trademark case the Lanham Act’s ban on trademarks that “disparage persons, living or dead,…or bring them into contempt or disrepute.” The section at issue also bans other negative trademarks and, while this decision was confined solely to the ban on disparaging remarks, the court openly invited constitutional challenges to those other bans. The case of In re Simon Shiao Tam is almost certainly headed for the Supreme Court.


So as it stands right now the Redskins can keep their name and probably their trademark unless SCOTUS says no.
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RE: Trademark Law - 1/1/2016 4:23:47 PM   
DesideriScuri


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quote:

ORIGINAL: KenDckey
https://www.yahoo.com/news/constitution-check-does-first-amendment-protect-offensive-trademarks-122415720--politics.html?nhp=1
quote:

– Excerpt from a 9-to-3 decision by the special federal court in Washington that decides patent and trademark cases – the U.S. Court of Appeals for the Federal Circuit. The decision, issued December 22, applies the First Amendment to bar the government from enforcing in any trademark case the Lanham Act’s ban on trademarks that “disparage persons, living or dead,…or bring them into contempt or disrepute.” The section at issue also bans other negative trademarks and, while this decision was confined solely to the ban on disparaging remarks, the court openly invited constitutional challenges to those other bans. The case of In re Simon Shiao Tam is almost certainly headed for the Supreme Court.

So as it stands right now the Redskins can keep their name and probably their trademark unless SCOTUS says no.


SCOTUS's opinion on that case shouldn't have any bearing (not saying it won't, only that it shouldn't) on whether the Redskins can or can't keep their name and trademark.


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What I support:

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(in reply to KenDckey)
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