Is ‘The Slants’ Racist? Court Ruling on Band Name Could Upend Trademark Law

Abstract

[Excerpt] "Under federal law, trademarks that may disparage people, or bring them into contempt, are not permitted registration. NFL’s Washington Redskins, for example, was initially granted a trademark registration for its team name, but that was cancelled last June in a landmark decision that deemed it disparaging to Native Americans.

"Registration is a valuable branding tool to a trademark owner. While unregistered marks may still be used in the marketplace, registration confers significant benefits. Registered trademarks enjoy nationwide protection, confer a presumption of validity and, if used continuously for five years, can be challenged in court only on limited grounds. Marks that have been refused registration are not eligible for enforcement."

Publication Date

10-2-2015

Journal Title

The Conversation

Publisher

The Conversation US, Inc.

Document Type

Article

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