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Federal Circuit Strikes Down Prohibition on Disparaging Trademarks

By Big Tent Democrat, Section Law Related
Posted on Tue Dec 22, 2015 at 11:17:02 AM EST
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Decision here.

It's wrong imo and the logic imperils the entire trademark registration system as well as the prohibition against disparaging commercial speech (see Trademark Dilution Act for example.) Federal Circuit has just created a huge mess.

My earlier post on the subject here.

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    Federal Circuit Strikes Down Prohibition on Disparaging Trademarks | 18 comments (18 topical)

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    I am going to look back at your earlier post (5.00 / 1) (#4)
    by Peter G on Tue Dec 22, 2015 at 03:14:24 PM EST
    I know nothing about trademark law, in which I realize and respect that you have expertise, BTD. I need to recall why it is that you believe this should be a special context for constitutional purposes. On the face of it, it seems that denial of a government benefit of any kind on the basis of the perceived content of the message (as in the Redskins case) would be a blatant First Amendment violation. Which is what the Federal Circuit decision holds. Even more so on the basis that the government thinks someone else will be offended by the message despite the would-be speaker's opposite intentions (this case, where a group of Asian-American musicians want to trademark "The Slants," which is the ironically-intended name of their band).

    %%no