The Court of Appeals for the Federal Circuit issued an important ruling in a trademark case today, holding that entities with potentially offense names are still entitled to trademark protection. Why? Because of the First Amendment’s protection on free speech. The case involved an Asian-American rock-band called “The Slants.” The key quote, via NPR:
The [U.S. Patent and Trademark Office]’s processing of trademark registrations no more transforms private speech into government speech than when the government issues permits for street parades, copyright registration certificates, or, for that matter, grants medical, hunting, fishing, or drivers licenses, or records property titles, birth certificates, or articles of incorporation.
The Richmond-based 4th Circuit Court of Appeals — which also covers North Carolina — is also considering the exact same issue, in the case of the Patent and Trademark Office’ voiding the Washington Redskins’ trademark. The issue may ultimately end up before the U.S. Supreme Court.
