Ban on offensive trademarks is ruled unconstitutional

In a victory for freedom of speech, the Supreme Court ruled Monday that a trademark law banning offensive names was unconstitutional, siding with a rock band called The Slants, whose name had been deemed racially insulting by the feds.

In an 8-0 decision, the court determined the US Patent and Trademark Office’s so-called “disparagement clause” violates the First Amendment.

The case centered on the Oregon-based, Asian-American band, which was denied a trademark because its name was considered offensive. Read More…

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In a victory for freedom of speech, the Supreme Court ruled Monday that a trademark law banning offensive names was unconstitutional, siding with a rock band called The Slants, whose name had been deemed racially insulting by the feds.

In an 8-0 decision, the court determined the US Patent and Trademark Office’s so-called “disparagement clause” violates the First Amendment.

The case centered on the Oregon-based, Asian-American band, which was denied a trademark because its name was considered offensive. Read More…

Print Friendly, PDF & Email