Monday, 19 June 2017

The Slants Win Supreme Court Battle Over Band's Name In Trademark Dispute

quote [ The case could have broad impact on how the First Amendment is applied in other trademark cases. ]

Under the circumstances it seems like the best decision. On the other hand, looks like it means 'Redskins' is probably OK too.
[SFW] [business] [+4]
[by sanepride@6:41pmGMT]

Comments

WeiYang said @ 7:40pm GMT on 19th Jun
Hmm. As for Redskins, I am not the lawyer around here, but it seems like there may be an argument to make that an asian wanting to call his band by a name perceived to disparage asians is different than a group of anglos calling themselves by a name perceived to disparage another group. Why not The Alabama Niggers? The Nashville Peckerwoods?

Maybe there's no case to make on those grounds...thoughts?
sanepride said @ 8:18pm GMT on 19th Jun
Not a lawyer either, but I'm pretty sure the point of this decision is that the First Amendment overrides any assumptions about intent. In other words, it's not up to the government (specifically the US Patent Office) to decide whether the name is intended to be offensive, ironic, or just insensitive (like Redskins). But as we're talking about trademarks, I'd assume that popular market forces will be the ultimate arbiters. Whatever marketing intent the 'Alabama Niggers' might have, I'd assume that even allowing that name, the public outrage and probable protests and boycotts would effectively marginalize and quash it. After all it may be up to the courts to determine what's allowable, but ultimately the public is the arbiter of what's acceptable.
damnit said @ 11:17pm GMT on 19th Jun
The Redskins name is staying because of their rich history and loyal following. Maybe in the near future, they will adapt the name change and just go with "Skins" which many are adapting to.
Bruceski said @ 11:30pm GMT on 19th Jun [Score:3 Hot Pr0n]
Maybe they can change their name to reflect the major racial makeup of the country. White, red, black, yellow, they can name their team the Fourskins.
WeiYang said @ 10:23am GMT on 20th Jun
Nashville Peckerwoods it is!
rylex said[1] @ 12:26am GMT on 20th Jun
because "The New York Niggas" sounds more phonetically pleasing and would have a larger potential fan base.
arrowhen said @ 11:07pm GMT on 19th Jun [Score:1 Insightful]
I dunno, seems like a slippery slope.
sanepride said @ 11:14pm GMT on 19th Jun [Score:2]
Maybe, one could argue that restricting speech is the slipperier slope.
slaytanik said @ 11:41am GMT on 20th Jun
Dude, you can't call them slopes
rylex said @ 1:24am GMT on 20th Jun
am I the only one who thinks it's not a good band name?
damnit said @ 3:01am GMT on 20th Jun
I think that's the point lol
stacyswirl said @ 3:07am GMT on 20th Jun
It sounds just perfect as a band name to me, reminds me of The Shins, or The Slits. If the name wasn't presented to me in this context, I'd never have thought twice about it.
rylex said @ 5:50am GMT on 20th Jun
The shins = bad band name

The Slits = good band name

such is life and the naming of bands
sanepride said @ 3:56am GMT on 20th Jun
Well obviously the Patent and Trademark Office didn't like the name.
mechanical contrivance said @ 12:57pm GMT on 20th Jun
The Patent and Trademark Office sounds like an educational kids' show from the late 70s.

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