Why you should always check to see if your business name can be trademarked. The Slants edition

Submitted by Kevin Hoda on April 22, 2015   Information Tags: , , , ,
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The U.S. Court of Appeals has turned down the trademark request from Portland band “The Slants” . If you are not following the story, basically the band has been trying to get their name trademarked for the past six years, and has been denied each time. The Trademark Office is not allowing the name to be trademarked because it is deemed offensive to Asians. So much for the land of the free. The band is in a tough position. They have stated that when they go on tour, sellers will sell fake tickets with their name, as there is nothing protecting their band’s name.

The band is not giving up though. And I encourage them not too. They need to take this case to the US Supreme Court. As I have posted before, the US Government is not upholding the first amendment. They are actively trying to remove a already approved trademark from the Washington Redskins because someone was offended.  Many media companies  and popular journalist have said in public that the attack on free speech and free press in unprecedented under the current administrationRead More

Does the US Government have the power to remove trademarks from people or companies that did not commit a crime

Submitted by Kevin Hoda on April 4, 2015   Commentary Tags: , , , , , , ,
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That is what this whole removal of the Redskins trademark is about.

This case, Blackhorse v. Pro Football, Inc,  will be headed to the Supreme Court if the Redskins lose their case in court. While I feel if it does reach that point, the Supreme Court will rule in favor of the Redskins, I wonder what will happen if they rule against them.

Basically what the court would have said is that the Federal Government can remove issued trademarks at any time if a elected official finds them offensive. Does not matter if your brand is 83 years old and is worth $2.4 billion like the Washington Redskins. Yes, the name is offensive to some, but does that mean it loses its trademark?

Does the US government have the right to remove trademarks for a company that did not commit any crime? That is the question.

If the Washington Redskins lose the court case over their trademark, it will stage a dangerous precedent for other companies.
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