www.TheSlants.com
The Slants brought their case to the Supreme Court and WON! Back in January, we had written an article about the Asian-American dance/rock band’s six year trademark battle to register and protect their band name. Their trademark application for “The Slants” had been denied by the United States Patent and Trademark Office (USPTO), because it was considered a racial slur. Simon Tam, a member of the band, argued that they wanted to use “slants” to take away its negative, derogatory meaning. He stated, “Kids would pull their eyes back in a slant-eyed gesture to make fun of us. … I wanted to change it to something that was powerful, something that was considered beautiful or a point of pride instead”.
The Trademark Act of 1946, or the Lanham Act, does not allow marks that “consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute” to be registered. The Slants stated that the refusal of their trademark application was a violation against their constitutional right to free speech, and that the USPTO was given too much power to decide which trademarks were considered offensive.
Last week, the U.S. Supreme Court agreed and unanimously ruled that the Lanham Act’s ban on registering disparaging marks disputed the First Amendment and was unconstitutional. “The disparagement clause violates the First Amendment’s Free Speech Clause. Contrary to the Government’s contention, trademarks are private, not government speech” Justice Samuel Alito wrote in his opinion for the court.
The Slants fought hard to reclaim a term that was seen as a slur, and now will be able to own their name!
Written by: Teresa Nguyen
#OwnYourMark #MakeYourMark
