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Redskins No Longer Dead-skins: SCOTUS Rules for ‘Offensive’ Trademarks

Tuesday, June 20, 2017 15:03

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By Selwyn Duke

“One man’s vulgarity is another’s lyric” wrote the Supreme Court in a 1971 free-speech case. While astute philosophers could complain of the relativism this statement implies, we certainly should fear making offensiveness relative to some bureaucrat. The SCOTUS apparently agrees, too, ruling Monday that the government may not decline trademark protection for so-called “disparaging” terms.

At issue was the case of “The Slants,” a Portland, Oregon, dance-rock band comprising performers of Asian descent. After being denied a trademark for their name under a 1946 provision of U.S. law (the Lanham Act) prohibiting offensive trademarks, band member Simon Tam sued. A federal appeals court ruled the act’s “Disparagement Clause” unconstitutional in 2015, an opinion that has now been upheld by the SCOTUS 8-0.

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http://www.selwynduke.com” target=”_blank”Selwyn Duke is a writer, columnist and public speaker whose work has been published widely online and in print, on both the local and national levels. He has been featured on the Rush Limbaugh Show and has been a featured guest more than 50 times on the award-winning Michael Savage Show. His work has appeared in Pat Buchanan’s magazine The American Conservative, at WorldNetDaily.com and he writes regularly for The New American

Source: http://selwynduke.typepad.com/selwyndukecom/2017/06/redskins-no-longer-dead-skins-scotus-rules-for-offensive-trademarks.html

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