Disparaging Trademark Law

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Presentation transcript:

Disparaging Trademark Law Examples: - Washington Redskins: The NFL football team lost their trademark on their name after Native Americans claimed it was disparaging to all Native Americans. They are trying for an attempt at appealing the decision, but it will not be allowed until the decision regarding The Slants is made. - The Slants A 'Chinatown dance rock' band that is currently in a free speech case in the Supreme Court. They want to trademark their name, but have already been turned down by the U.S. Patent and Trademark Office. If it passes the Supreme Court by means of violation of rights to free speech, the Washington Redskins case will be re-ruled. Lanham Act of 1946: The primary federal trademark law that prohibits trademark infringement, dilution, false advertising, and in turn disparaging trademarks. The law requires that any trademark that may disparage any persons, living or dead, institutions, beliefs, or national symbols, bring them into contempt or disrepute.

Kendall, Brent. "Supreme Court to Hear Case on Objectionable Trademarks." WSJ. Wsj.com, 29 Sept. 2016. Web. 28 Oct. 2016. <http://www.wsj.com/articles/supreme-court-to-hear-trademark-case-1475158405>. "Lanham Act." Wikipedia. Wikimedia Foundation, n.d. Web. 28 Oct. 2016. <https://en.wikipedia.org/wiki/Lanham_Act>. Weiss, By Debra Cassens. "Supreme Court to Consider Law Banning Disparaging Trademarks." ABA Journal. ABA Journal, n.d. Web. 28 Oct. 2016. <http://www.abajournal.com/news/article/supreme_court_to_consider_law_banning_disparaging_trademarks>.