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6 December 2016Trademarks

SCOTUS hearing date set for The Slants case

The US Supreme Court will hear oral arguments in the In re Tam trademark dispute, which centres on rock band The Slants, on January 18, 2017.

It comes after the Supreme Court announced on September 29 that it would consider the case. The court will provide guidance on whether disparaging terms can be registered as trademarks or whether refusing registration is a violation of First Amendment rights.

Under current laws, trademarks that are likely to disparage people, institutions or beliefs are barred from registration under section 2(a) of the Lanham Act.

An en banc US Court of Appeals for the Federal Circuit ruled in December last year that a decision by the US Patent and Trademark Office (USPTO) to deny The Slants a trademark for its name violated its First Amendment rights.

The decision overturned previous rulings from a USPTO examiner, the office’s Trademark Trial and Appeal Board and a three-judge federal circuit panel.

Yesterday, December 5, The Slants tweeted: “We officially got the date: The Supreme Court will be hearing our case on Jan 18th.”

The tweet linked to fundraising site Generosity, where the band has set up a page to raise $10,000 for its trademark case.

According to the band, the members decided to fight as it’s the “right thing to do”.

“Our community should have the right to define itself. However, it has become more costly at each stage of the process”.

The Slants added: “This is especially relevant and important, given that the presidential inauguration will be taking place during the same time period.

“We knew it was all coming ... but the feels of having an official date makes it all the more real. It makes this work even more nuanced and meaningful. Many of us highly doubt that free speech and protecting communities of colour will improve under a Trump presidency.”

At the time of writing, the campaign had raised $1,635, just 16% of the total.

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More on this story

Trademarks
29 September 2016   The US Supreme Court has revealed that it will take up the In re Tam trademark dispute, a case centring on US rock band The Slants.
Trademarks
17 November 2016   The complainant in the Blackhorse v Pro Football trademark case, which concerns the Washington Redskins, has filed an amicus brief in support of the US Patent and Trademark Office in its In re Tam dispute with rock band The Slants.
Trademarks
18 January 2017   The US Supreme Court is due to hear oral arguments today in the Lee v Tam trademark dispute, which centres on rock band The Slants.