Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comKey Contacts
Back
What makes for a disparaging trademark?
Disparaging band names may turn off potential listeners and dissuade retailers and online marketplaces from carrying albums, but when it comes to who may reject the group, the buck stops with the government.
The ruling on the Washington Redskins’ name, in which the team’s trademark was denied, may lead the casual observer to think otherwise. However, a recent decision on the name of an Asian-American band called The Slants established that while the government may not approve of a trademark, it cannot cancel it for that reason. In July, a federal judge revoked the football team’s federal trademark on the Redskin’s name, citing a legal standard that allows cancelation if a name disparages a substantial subset of a certain group – in the case of the Redskins, that group is Native Americans. The judge noted that the government has editorial control over federal trademark registers.
However, a more recent ruling granted The Slants permission to trademark their potentially disparaging name. The Court of Appeals for the Federal Circuit ruled that a trademark does not transform the band’s name, initially classified as private speech, into government speech. Due of this, the government has no right to cancel a trademark just because it considers it disparaging. In the decision, the court compared trademarks to birth certificates, street parades or driver’s licenses, none of which the government can revoke on the grounds of disparaging speech.
The ruling is not only a potential win for the Washington Redskins, but for any group that wishes to trademark a name some people may find offensive. If your band name may be disparaging to a certain group of people, but you’d like to trademark it, speak with an experienced entertainment law attorney for more information on trademark law.
- Industries: Entertainment & Media
- Practices: Trademarks
- Locations: Red Bank, NJ, New York City, Little Falls, NJ
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Understanding Portability for Estate and Gift Tax
Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer
How Can Trusts Be Used in Business Succession?
For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Author: George McGowan
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know
In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]
Author: George McGowan
New York NDA Requirements for Businesses
Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher
New Jersey Will Contest Grounds Explained
How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.