The Slants Case, And Its Redskins Implications
On September 29, 2016, the Supreme Court agreed to hear a trademark case dealing with the Asian American band, "The Slants". Based on § 2(a) of the Lanham Act, the registration of “scandalous, immoral, or disparaging marks,” is prohibited. Among other things, that provision covers marks that a “substantial composite of the referenced group” perceives as disparaging a religion, nation, ethnic group, belief system and the like. The Supreme Court agreed to hear the Slants case and decide whether this sort of limitation on what may be trademarked is constitutional.
The court's ruling in the case could have implications for perhaps the most infamous sports-related trademark matter, that of the Washington Redskins, whose six trademark registrations previously granted were canceled after years of complaints from Native American groups.
The Supreme Court will begin hearings next week, and they are expected to last several months.
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