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On Monday, the Supreme Court agreed that this use of Section 2(a) is unconstitutional. Justice Samuel Alito, who wrote the opinion, could not have made it clearer: "We now hold that this provision violates the Free Speech Clause of the First Amendment. It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend."
The Supreme Court ruled that, "If the federal registration of a trademark makes the mark government speech, the Federal Government is babbling prodigiously and incoherently." After all, the trademark register has millions of trademarks on it -- the federal government can't be saying all those things at once.
originally posted by: NobodiesNormal
a reply to: shooterbrody
a summary.
the rockband wants to go by the name "The Slant" but it was ruled derogatory towards asians, this court case they have won permits them the trademark to use that name anyway.
relevant, the nfl team the redskins had similar trouble, their trademark was removed due to derogatory name, so this win should help the redskins retain their trademark also.
originally posted by: nwtrucker
originally posted by: NobodiesNormal
a reply to: shooterbrody
a summary.
the rockband wants to go by the name "The Slant" but it was ruled derogatory towards asians, this court case they have won permits them the trademark to use that name anyway.
relevant, the nfl team the redskins had similar trouble, their trademark was removed due to derogatory name, so this win should help the redskins retain their trademark also.
Ironically, the human rights commission in Ontario, Canada, is taking up the complaint addressing the Cleveland Indians Name. If it is upheld, When the 'Indians' come to Toronto to play the Blue jays, they will not be able to use that name while in Ontario.....
originally posted by: shooterbrody
a reply to: nwtrucker
How will they stop them from using their name?
How is that enforced?
originally posted by: JAY1980
If me and a few buddies made a band called "The Crackers" there wouldn't be an issue.
originally posted by: NobodiesNormal
relevant, the nfl team the redskins had similar trouble, their trademark was removed due to derogatory name, so this win should help the redskins retain their trademark also.
originally posted by: AugustusMasonicus
originally posted by: NobodiesNormal
relevant, the nfl team the redskins had similar trouble, their trademark was removed due to derogatory name, so this win should help the redskins retain their trademark also.
The Redskins held off appealing their case to the 4th Circuit to wait for the outcome of this case. Now they do not need to appeal as this case sets the precedent they needed to retain their name and trademarks.
originally posted by: SBMcG
originally posted by: AugustusMasonicus
originally posted by: NobodiesNormal
relevant, the nfl team the redskins had similar trouble, their trademark was removed due to derogatory name, so this win should help the redskins retain their trademark also.
The Redskins held off appealing their case to the 4th Circuit to wait for the outcome of this case. Now they do not need to appeal as this case sets the precedent they needed to retain their name and trademarks.
Exactly right.
Redskins, Indians, Blue Jays (racist against red jays), Fighting Irish (me ), Braves, White Sox (racist against black sox), etc...
Yes, it's goofy. But thankfully this garbage is getting slapped down as it should be.