High court to hear case on offensive trademarks

Associated Press

WASHINGTON

The Supreme Court is taking up a First Amendment clash over the government’s refusal to register offensive trademarks, a case that could affect the Washington Redskins in their legal fight over the team name.

The justices agreed Thursday to hear a dispute involving an Asian-American rock band called the Slants, but they did not act on a separate request to hear the higher-profile Redskins case at the same time.

Still, a high court ruling in favor of the Slants could bolster the football team’s legal fight. Both groups argue that it is unconstitutional for the government to reject trademark rights for offensive speech.

The trademark dispute is one of eight new cases the Supreme Court added to its calendar for the term that starts Monday. The court continues to operate with only eight justices since Antonin Scalia died in February. His successor appears unlikely to be confirmed until sometime after the election.

In the Slants case, front man Simon Tam tried to trademark the name in 2011, but the U.S. Patent and Trademark Office denied the request on the ground that it disparages people of Asian descent. He sued, and a federal appeals court ruled last year that the law barring offensive trademarks violates free speech rights.

The Redskins hoped to piggyback on the band’s case, asking the Supreme Court to consider both disputes at the same time. The trademark office canceled the team’s trademarks last year after finding they are disparaging to Native Americans.

But the team’s appeal has not even been heard yet by a federal appeals court in Richmond, Va. In an unusual request, the team asked the Supreme Court to intervene before the lower court acts. The high court almost never grants such requests.

Tam says his goal in choosing the name was to transform a derisive term about the shape of Asian eyes into a statement of ethnic and cultural pride.