Did you hear…
The Portland, Oregon Asian American dance-rock band, “The Slants”, had been denied by the United States Patent and Trademark Office to approve its band name as a federally protected trademark? In 2011, the USPTO refused trademark application to The Slants and claimed that the term was disparaging minority groups, specifically of Asian descent. The Slants say its name isn’t derogatory, but a re-appropriation of a word to express pride.
The Slants can continue to use its name, but because the USPTO feels that it is offensive, the name can’t be registered, and the band can’t protect its name. The USPTO turned down the name under a section of the 1946 Lanham Act, a federal law that prevents registration of trademarks that “disparage” people or “bring them into contempt or disrepute”. But, strangely enough, other groups and companies have been able to register their questionable marks, such as American hip hop group NWA (Niggaz Wit Attitudes), Baked By A Negro bakery products, Dago Swagg clothing, and the White Trash Cowboys rock band.
The Slants’ band leader, Simon Tam, states, “I named the band the Slants because it represented our perspective — or slant — on life as people of color. It was a deliberate act of claiming an identity as well as a nod to Asian-American activists who had been using the term for decades. When I first started the band, the intention was to take on stereotypes about Asian Americans, inject pride into our ethnic heritages, and increase our community’s visibility in the entertainment industry”.
You can read more about this similar topic in our previous blog post about the Washington Redskins. This NFL team has had their name for over 80 years, but lawmakers want them to change their name because they believe that the term “redskins” is disparaging to a “substantial composite of Native Americans”.
The Slants are going to the Supreme Court to fight for identity rights and expand free speech. The result of The Slants’ case will probably affect the Redskins.
What are your thoughts?
#OwnYourMark #MakeYourMark
Written by: Teresa Nguyen