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Redskins' trademark usage boosted by Supreme Court ruling

Redskins' trademark usage boosted by Supreme Court ruling”

That case has been on hold while waiting for the Supreme Court to rule on The Slants.

"The firm has been providing pro-bono legal services to The Slants since spring of 2015, and we are thrilled that our efforts have achieved a significant legal policy resolution supporting freedom of speech issues across the country", said Ronald D. Coleman, partner and lead trademark attorney at Archer.

State residents in 2012 voted to dump the nickname and UND's American Indian head logo.

Justice Samuel Alito authored the high court's decision, a 39-page document in which Alito details the court's stance on a multitude of situations involving this case. The team has been appealing that verdict ever since.

In an era of deep partisan division, the Supreme Court could soon decide whether the drawing of electoral districts can be too political.

Snyder told USA Today in 2013 that he would "NEVER" change the team's name.

"(The idea that the government may restrict) speech expressing ideas that offend ... strikes at the heart of the First Amendment", wrote Justice Alito in his opinion.

This could prove to be a big win for the Washington NFL team.

The larger ramifications from this case are that the U.S. Patent and Trademark Office can not refuse trademarks it views as offensive. She added: "While this may be the right result under the First Amendment and the principles of free speech that are foundational to our country, it seems the responsibility will now pass to the public".

But when Tam attempted to trademark the name, his application was denied by the U.S. Patent and Trademark Office for violating a section of the Lanham Act, the relevant part of federal trademark law which rejects trademarks "which may disparage ... persons, living or dead, institutions, beliefs, or national symbols". Justice Anthony Kennedy wrote separately, also for four justices, but on this point the opinions agreed:A law found to discriminate based on viewpoint is an "egregious form of content discrimination", which is "presumptively unconstitutional".

Is America's expansive free speech tradition just another tool for perpetuating oppression that should be curtailed when it offends a minority group, as campus activists and some on the media Left have been arguing increasingly loudly for the past few years? The full Supreme Court opinion can be found here: https://www.supremecourt.gov/opinions/16pdf/15-1293_1o13.pdf. But some say the government approval of trademarks confers more than a commercial benefit and suggests tacit government approval of the slurs.



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