TOP COURT STRIKES DOWN PART OF LAW BANNING OFFENSIVE TRADEMARKS
The U.S. Supreme Court on Monday struck down part of a law that bans offensive trademarks, ruling in favour of an Asian-American band called the Slants, pictured, and giving a boost to the Washington Redskins in their legal fight over the team name.
The justices were unanimous in saying that the 71-year-old trademark law barring disparaging terms infringes free speech rights.
“It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend,” Justice Samuel Alito said.
Slants founder Simon Tam tried to trademark the band name in 2011, but the U.S. Patent and Trademark Office denied it on the ground that it disparages Asians. A federal appeals court in Washington later said the law barring offensive trademarks is unconstitutional.