Free speech victory in Supreme Court ruling on Slants trademark

The U.S. Supreme Court upheld the right of The Slants to register their rock band name as a trademark, writing that given First Amendment protections, speech could not be banned for merely offending people. The Asian-American band wanted the name as a move to “reclaim a stereotype.” (Hollywood Reporter, June 19, 2017, by Eriq Gardner)

With the ruling the U.S. Patent and Trademark Office will not be able to deny disparaging trademarks. The court found that trademarks were private rather than government speech and as such the government could not practice viewpoint discrimination in regulating them. The decision strengthens the position of the Washington Redskins football team that wants to retain its Redskins trademarks. (Buffalo Law Journal, June 18, 2017, by Benjamin White and Michael Storck, intellectual property lawyers)