Stories
Slash Boxes
Comments

SoylentNews is people

posted by n1 on Tuesday June 20 2017, @12:34PM   Printer-friendly

On Monday, the Supreme Court of the United States (SCOTUS) handed down two unanimous verdicts in favor of free speech. The first involved a dispute over "offensive" trademarks. Reason reports:

Today the U.S. Supreme Court ruled 8-0 in favor of the Asian-American dance-rock band The Slants, holding that the First Amendment protects the rights of the band's members to register a trademark in their band's "offensive" name.

At issue in Matal v. Tam was a federal law prohibiting the registration of any trademark that may "disparage...or bring...into contemp[t] or disrepute" any "persons, living or dead." The Patent and Trademark Office cited this provision in 2011 when it refused to register a trademark in the name of The Slants, thereby denying the band the same protections that federal law extends to countless other musical acts. Justice Samuel Alito led the Court in striking down the censorious rule. "We now hold that this provision violates the Free Speech Clause of the First Amendment," Alito wrote. "It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend."

The Slants, a band composed of Asian performers, had sought to reclaim the slur against Asians by adopting the name themselves.

The other case involved sex offender Lester Packingham, originally convicted in 2001, who had been prosecuted for making a Facebook post in 2010 about being thankful for having a traffic ticket dismissed. A North Carolina law barred convicted sex offenders from a broad range of social media and web activities, leading Packingham to be arrested again. Again, the SCOTUS justices unanimously found the law to be an over-broad restriction of speech and overturned it 8-0.

In both cases, multiple concurring opinions were filed. The justices reached their conclusions for various legal reasons, but they all agreed that offensive speech should be protected and that even heinous acts like prior sex offenses do not deprive people of free speech.

SCOTUSblog has more detailed coverage:
Matal v. Tam: Court documents/commentary and opinion [PDF]
Packingham v. North Carolina: Court documents and analysis of the opinion [PDF]


Original Submission

Related Stories

U.S. Supreme Court Considers Issue of Trademark Protection for Profanity 49 comments

Supreme Court Dances Around The F-Word With Real Potential Financial Consequences

Dirty words make it to the U.S. Supreme Court only occasionally. One of those occasions came Monday, in a case involving a clothing line named "FUCT." The issue is whether the U.S. Patent and Trademark Office acted unconstitutionally when it refused to grant trademark protection to the brand name. And, for the justices, the immediate problem was how to discuss the the F-word without actually saying it.

The "FUCT" clothing line, created by designer Eric Brunetti, is mainly hoodies, loose pants, shorts and T-shirts, all with the brand name prominently displayed.

[...] Brunetti's case got a boost two years ago when the Supreme Court ruled that an Asian-American band calling itself "The Slants" could not be denied trademark protection. The trademark office had turned the band down, because it deemed the name racially "disparaging," but the court said the denial amounted to unconstitutional viewpoint discrimination.

Dealing with the brand name "FUCT" proved a bit more daunting in the Supreme Court chamber Monday. Deputy Solicitor General Malcolm Stewart referred to the brand name as a "profane past participle form of a well-known word of profanity and perhaps the paradigmatic word of profanity in our language."

Also at Reuters.

Previously: Two Unanimous SCOTUS Victories for Free Speech


Original Submission

U.S. Supreme Court Strikes Down Ban on "Immoral", "Scandalous" Symbols and Language in Trademarks 36 comments

Submitted via IRC for Bytram

It's official. You can get FUCT, US Supremes tell scandalized bureaucrats in rude trademark spat

When Erik Brunetti in 2011 first tried to obtain a trademark for his clothing company FUCT, the US Patent and Trademark Office blocked his application.

The USPTO relied on a portion of the Lanham Act that allows trademarks to be denied if they "[consist of or comprise] immoral, deceptive, or scandalous matter." So Brunetti challenged the decision in court.

On Monday this week, the US Supreme Court in a 6-3 decision affirmed a December 2017 decision by the US Court of Appeals for the Federal Circuit that found the act's trademark limitation violates the US Constitution's First Amendment guarantee of free speech.

Pointing at its own 2017 ruling in Matal v. Tam, which said the USPTO could not deny music group The Slants a trademark just because the term might offend some people, the Supreme Court told the agency in so many words to get FUCT on its registry. "[T]he 'immoral or scandalous' bar is substantially overbroad," the majority opinion, from Justice Elena Kagan, reads. "There are a great many immoral and scandalous ideas in the world (even more than there are swearwords), and the Lanham Act covers them all. It therefore violates the First Amendment."

[...] In the past, trademark applications for beverages "Marijuana Cola" and "Ko Kane," for clothing line "Bong Hits 4 Jesus," were denied for being scandalous. But trademarks have been granted for "FCUK" and "Handjob Nails and Spa."

Also at NYT, Courthouse News Service, NPR, Reuters, National Review, CNN, and Vice.

Previously: Can You Trademark an Offensive Name or Not? US Supreme Court to Decide
Two Unanimous SCOTUS Victories for Free Speech
U.S. Supreme Court Considers Issue of Trademark Protection for Profanity


Original Submission

This discussion has been archived. No new comments can be posted.
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
(1)
  • (Score: 4, Insightful) by The Mighty Buzzard on Tuesday June 20 2017, @01:03PM (3 children)

    Glad to see them standing up for at least one of my rights, even if they do routinely fuck us all on the rest of them.

    --
    My rights don't end where your fear begins.
    • (Score: 3, Interesting) by FatPhil on Tuesday June 20 2017, @03:15PM

      by FatPhil (863) <{pc-soylent} {at} {asdf.fi}> on Tuesday June 20 2017, @03:15PM (#528486) Homepage
      Yup. Nice Larry Flynt equivalence too in that latter one - if they're sticking up for fundemental rights of scumbags, you can be sure that those rights are still there for the nice guys as well.
      --
      Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
    • (Score: 2) by DeathMonkey on Tuesday June 20 2017, @07:27PM (1 child)

      by DeathMonkey (1380) on Tuesday June 20 2017, @07:27PM (#528670) Journal

      I'm all for objective, instead of subjective, evaluations so don't consider this an argument against the ruling.

      But....consider the fact that a Trademark is a government provided infringement of my free speech. I can't walking around calling myself Coca-Cola, some people can't sell software using their own names, [wikipedia.org] etc.

      With that in mind, restricting the issuance of these free-speech-violation-permits based on reasonable measures seems appropriate to me.

  • (Score: 3, Interesting) by Nofsck Ingcloo on Tuesday June 20 2017, @01:15PM (2 children)

    by Nofsck Ingcloo (5242) on Tuesday June 20 2017, @01:15PM (#528434)

    Two, actually. Now if we could just get SCOTUS to fucus on the fourth....

    --
    1984 was not written as an instruction manual.
    • (Score: 4, Funny) by Kromagv0 on Tuesday June 20 2017, @04:07PM (1 child)

      by Kromagv0 (1825) on Tuesday June 20 2017, @04:07PM (#528541) Homepage

      just get SCOTUS to fucus on the fourth

      Isn't that what they have been doing?

      --
      T-Shirts and bumper stickers [zazzle.com] to offend someone
      • (Score: 3, Insightful) by fishybell on Tuesday June 20 2017, @06:48PM

        by fishybell (3156) on Tuesday June 20 2017, @06:48PM (#528645)

        just get SCOTUS to fucus on the fourth

        I'm pretty sure they meant ficus.

  • (Score: -1, Flamebait) by Anonymous Coward on Tuesday June 20 2017, @01:26PM (31 children)

    by Anonymous Coward on Tuesday June 20 2017, @01:26PM (#528435)

    You know why there's no band named "The Crackers"? Because white people have better things to do than dwell on identity—it's the best thing about being white: You are an individual; there is not even a Whitish Community Center.

    • (Score: 2) by The Mighty Buzzard on Tuesday June 20 2017, @01:34PM

      You don't have to be white to not buy into identity politics. Just have to have a finely honed bullshit detector.

      --
      My rights don't end where your fear begins.
    • (Score: 4, Touché) by LoRdTAW on Tuesday June 20 2017, @01:37PM (22 children)

      by LoRdTAW (3755) on Tuesday June 20 2017, @01:37PM (#528440) Journal

      Open mouth, Insert foot: https://www.google.com/search?q=the+crackers+band [google.com]

      • (Score: -1, Offtopic) by Anonymous Coward on Tuesday June 20 2017, @01:54PM (16 children)

        by Anonymous Coward on Tuesday June 20 2017, @01:54PM (#528443)

        I read the "about" page for "The Crackers" [facebook.com]; there is nothing about the word "cracker" having anything to do with the slur, or the need to reclaim it, or whatever.

        • (Score: 3, Informative) by FatPhil on Tuesday June 20 2017, @03:11PM (15 children)

          by FatPhil (863) <{pc-soylent} {at} {asdf.fi}> on Tuesday June 20 2017, @03:11PM (#528481) Homepage
          Your claim, a sentence, a self-contained idea-bearing sequence of words, posed the claim that there was no band with that name.
          The response demonstrated that there was indeed at least one band with that name.
          You lost that argument very quickly.

          Your follow-up whining "but that's not what I meant, I meant other clauses to be included in my question" now tells us that you can't even form your thoughts into cogent sentences correctly - is that supposed to endear us to you further?

          Of course, your original post indicates that you do not understand how the dominant majority have never been downtrodden, discriminated against, disenfranchised, or even interned merely because of their whiteness. (Though some minority sub-groups of the whites have been, such as the Irish, and indeed you can find bands that call themselves "The Micks" who are playing on their Irish identity.)

          Why am I wasting time writing this? I'm pretty sure you're beyond hope.
          --
          Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
          • (Score: -1, Troll) by Anonymous Coward on Tuesday June 20 2017, @03:27PM

            by Anonymous Coward on Tuesday June 20 2017, @03:27PM (#528501)

            Your argument is vapid. Human language is far more complex than one sentence taken out of context; you have to read between the lines, otherwise you're just a useless pedant.

          • (Score: -1, Redundant) by Anonymous Coward on Tuesday June 20 2017, @03:39PM (1 child)

            by Anonymous Coward on Tuesday June 20 2017, @03:39PM (#528511)

            Your argument is vapid. Human language is far more complex than one sentence taken out of context; you have to read between the lines, otherwise you're just a useless pedant!

            • (Score: 0) by Anonymous Coward on Thursday June 22 2017, @02:50AM

              by Anonymous Coward on Thursday June 22 2017, @02:50AM (#529339)

              so's ur mom.

          • (Score: 2) by AthanasiusKircher on Tuesday June 20 2017, @04:29PM (3 children)

            by AthanasiusKircher (5291) on Tuesday June 20 2017, @04:29PM (#528558) Journal

            Absolutely agree. Also, it's relevant to note that shocking or "offensive" names for pop music bands are pretty commonplace. There often seems to be an idea of taking some words that are "offensive" and associating with them to give you a sort of unique power. It doesn't have to be about race or some grand political statement -- rock bands do this with other random mildly offensive (or more than mildly...) terms all the time. Punk bands may have set the standard for this a few decades back, though now those names often seem tame to us today (e.g., Sex Pistols).

            • (Score: 2) by FatPhil on Tuesday June 20 2017, @09:07PM (1 child)

              by FatPhil (863) <{pc-soylent} {at} {asdf.fi}> on Tuesday June 20 2017, @09:07PM (#528726) Homepage
              Yeah, punk didn't care about who it offended, that was one of the better things about it. I only discovered how The Pogues got their name a few months ago. Punk in a more Oi! incarnation also gave us classics like The 4-Skins. My, how we tittered. Well, I was a tweenie at the time.
              --
              Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
              • (Score: 2) by PartTimeZombie on Tuesday June 20 2017, @11:58PM

                by PartTimeZombie (4827) on Tuesday June 20 2017, @11:58PM (#528801)

                I liked "Banned from the pub" by Peter and the test tube babies, even though I was too young to even get into a pub at the time.

            • (Score: 2) by LoRdTAW on Thursday June 22 2017, @12:45PM

              by LoRdTAW (3755) on Thursday June 22 2017, @12:45PM (#529480) Journal

              There's always the Grindcore band Anal Cunt. Too bad Seth is dead.

          • (Score: -1, Spam) by Anonymous Coward on Tuesday June 20 2017, @04:36PM (1 child)

            by Anonymous Coward on Tuesday June 20 2017, @04:36PM (#528566)

            Your argument is vapid! Human language is far more complex than one sentence taken out of context; you have to read between the lines, otherwise you're just a useless pedant.

            • (Score: 0) by Anonymous Coward on Tuesday June 20 2017, @04:53PM

              by Anonymous Coward on Tuesday June 20 2017, @04:53PM (#528581)

              Good grief! Make up your mind where you want to put the exclamation mark!

          • (Score: -1, Spam) by Anonymous Coward on Tuesday June 20 2017, @06:08PM

            by Anonymous Coward on Tuesday June 20 2017, @06:08PM (#528617)

            Your argument is vapid! Human language is far more complex than one sentence taken out of context; you have to read between the lines, otherwise you're just a useless pedant!

          • (Score: -1, Spam) by Anonymous Coward on Tuesday June 20 2017, @08:58PM

            by Anonymous Coward on Tuesday June 20 2017, @08:58PM (#528716)

            Your argument is vapid. Human language is far more complex than one sentence taken out of context; you have to read between the lines, otherwise you're just a useless pedant...

          • (Score: -1, Spam) by Anonymous Coward on Tuesday June 20 2017, @11:43PM

            by Anonymous Coward on Tuesday June 20 2017, @11:43PM (#528791)

            Your argument is vapid; human language is far more complex than one sentence taken out of context—you have to read between the lines, otherwise you're just a useless pedant...

          • (Score: 2) by JoeMerchant on Wednesday June 21 2017, @12:19AM

            by JoeMerchant (3937) on Wednesday June 21 2017, @12:19AM (#528806)

            Actually, I was born in the 1960s - and right from the early 1970s through today, my White Male father has been discriminated against for hiring choices, passed over for blacks, females, and especially black females with lower qualifications for promotions, and even part time positions.

            Even today, the company that I work for will not hire a white male unless they can also hire a "balancing" minority at the same time.

            --
            🌻🌻 [google.com]
          • (Score: -1, Redundant) by Anonymous Coward on Wednesday June 21 2017, @02:37AM

            by Anonymous Coward on Wednesday June 21 2017, @02:37AM (#528853)

            Your argument is vapid: Human language is far more complex than one sentence taken out of context; you have to read between the lines, otherwise you're just a useless pedant!

          • (Score: -1, Spam) by Anonymous Coward on Wednesday June 21 2017, @04:47AM

            by Anonymous Coward on Wednesday June 21 2017, @04:47AM (#528892)

            Your argument is vapid: Human language is far more complex than one sentence taken out of context; you have to read between the lines, otherwise you're just a useless pedant!

      • (Score: -1, Redundant) by Anonymous Coward on Tuesday June 20 2017, @03:44PM

        by Anonymous Coward on Tuesday June 20 2017, @03:44PM (#528517)

        I read the "about" page for "The Crackers" [facebook.com] [facebook.com]; there is nothing about the word "cracker" having anything to do with the slur, or the need to reclaim it, or whatever!

      • (Score: -1, Redundant) by Anonymous Coward on Tuesday June 20 2017, @11:41PM

        by Anonymous Coward on Tuesday June 20 2017, @11:41PM (#528789)

        I read the "about" page for "The Crackers" [facebook.com] [facebook.com]; there is nothing about the word "cracker" having anything to do with the slur, or the need to reclaim it, or whatever.

      • (Score: 2) by JoeMerchant on Wednesday June 21 2017, @12:17AM

        by JoeMerchant (3937) on Wednesday June 21 2017, @12:17AM (#528804)

        Did you not recognize the Troll? Do not feed the Trolls, it only encourages them.

        --
        🌻🌻 [google.com]
      • (Score: -1, Redundant) by Anonymous Coward on Wednesday June 21 2017, @02:41AM

        by Anonymous Coward on Wednesday June 21 2017, @02:41AM (#528854)

        I read the "about" page for "The Crackers" [facebook.com]; there is nothing about the word "cracker" having anything to do with the slur, or the need to reclaim it, or whatever.

      • (Score: -1, Spam) by Anonymous Coward on Wednesday June 21 2017, @04:51AM

        by Anonymous Coward on Wednesday June 21 2017, @04:51AM (#528893)

        I read the "about" page for "The Crackers" [facebook.com]; there is nothing about the word "cracker" having anything to do with the slur, or the need to reclaim it, or whatever.

    • (Score: 2) by Taibhsear on Tuesday June 20 2017, @02:26PM (2 children)

      by Taibhsear (1464) on Tuesday June 20 2017, @02:26PM (#528453)

      See, you say that but...
      https://www.discogs.com/search/?q=the+crackers&type=all [discogs.com]
      http://irish-american.org/ [irish-american.org]
      http://www.english-heritage.org.uk/ [english-heritage.org.uk]
      https://en.wikipedia.org/wiki/Swedish_Heritage_Center [wikipedia.org]
      http://swedishamericanmuseum.org/2.0/ [swedishamericanmuseum.org]
      http://www.rach-c.org/ [rach-c.org]
      I could go on and on and on and on. Sorry to break your alternative reality bubble.

      • (Score: 2) by FatPhil on Tuesday June 20 2017, @03:13PM (1 child)

        by FatPhil (863) <{pc-soylent} {at} {asdf.fi}> on Tuesday June 20 2017, @03:13PM (#528484) Homepage
        One of those things does not belong...

        English Heritage is a UK charity that helps maintain historical buildings/monuments/gardens/etc.
        --
        Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
        • (Score: 3, Funny) by Anonymous Coward on Tuesday June 20 2017, @03:26PM

          by Anonymous Coward on Tuesday June 20 2017, @03:26PM (#528498)

          Fucking English Heritage cracker-ass wankers.

    • (Score: 0) by Anonymous Coward on Tuesday June 20 2017, @05:02PM (1 child)

      by Anonymous Coward on Tuesday June 20 2017, @05:02PM (#528586)

      Because white people have better things to do than dwell on identity—it's the best thing about being white: You are an individual; there is not even a Whitish Community Center.

      I know a black comedian who had a joke about how difficult it is to come up with a slur for white people that they actually get offended by. His punchline was settling on calling them "broke".

      • (Score: 2) by FatPhil on Tuesday June 20 2017, @09:16PM

        by FatPhil (863) <{pc-soylent} {at} {asdf.fi}> on Tuesday June 20 2017, @09:16PM (#528732) Homepage
        One London-based comedian I quite liked, a first generation immigrant of middle-eastern extraction, arrived at "Nigels" for the same purpose. White brits were his precise target. (I think he was actually borrowing a Harry Enfield joke from half a decade earlier.)
        --
        Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
    • (Score: 0) by Anonymous Coward on Tuesday June 20 2017, @11:12PM (1 child)

      by Anonymous Coward on Tuesday June 20 2017, @11:12PM (#528774)

      Gee, I wish everyone could be born with genetics that prevent a wide range of assaults. It would just be so nice if everyone CHOSE not to be discriminated against.

      I'm curious, do you attend church? Do you identify as a Republican?

      • (Score: 0) by Anonymous Coward on Thursday June 22 2017, @02:54AM

        by Anonymous Coward on Thursday June 22 2017, @02:54AM (#529340)

        I'm Jewish, and my country doesnt know what a "Republican" is. Most of the 7 billion+ people on the planet are not silly americans you insensitive clod.

  • (Score: -1, Redundant) by Anonymous Coward on Tuesday June 20 2017, @03:32PM

    by Anonymous Coward on Tuesday June 20 2017, @03:32PM (#528505)

    You know why there's no band named "The Crackers"? Because white people have better things to do than dwell on identity—it's the best thing about being white: You are an individual; there is not even a Whitish Community Center!

  • (Score: -1, Spam) by Anonymous Coward on Tuesday June 20 2017, @04:41PM

    by Anonymous Coward on Tuesday June 20 2017, @04:41PM (#528575)

    You know why there's no band named "The Crackers"? Because white people have better things to do than dwell on identity—it's the best thing about being white: You are an individual; there is not even a Whitish Community Center...

  • (Score: 2) by Azuma Hazuki on Tuesday June 20 2017, @05:50PM (3 children)

    by Azuma Hazuki (5086) on Tuesday June 20 2017, @05:50PM (#528613) Journal

    As has been observed countless times by better people than me, free speech ain't free unless it's for everyone. No one's inciting violence or shouting fire in a crowded theater here.

    --
    I am "that girl" your mother warned you about...
    • (Score: 0, Disagree) by Anonymous Coward on Tuesday June 20 2017, @06:14PM (1 child)

      by Anonymous Coward on Tuesday June 20 2017, @06:14PM (#528622)

      I mean, sure. You'll probably get prosecuted for those things, but that doesn't make such prosecution correct.

      • The people who actually commit violence are the ones who should be prosecuted.

      • The ones who stampede upon hearing "fire" should be prosecuted; or, the ones who own the theater should make it clear that as part of admittance to the premises, one promises to compensate the theater for causing an undue disturbance—it's a civil matter.

      Any little bit of control over speech that you give a government just transfers ever more control from the weak individual to the strong State.

      • (Score: 0) by Anonymous Coward on Wednesday June 21 2017, @01:00AM

        by Anonymous Coward on Wednesday June 21 2017, @01:00AM (#528818)

        The fire in a crowded theater is an urban myth. I forget the details.

    • (Score: 0) by Anonymous Coward on Wednesday June 21 2017, @08:05AM

      by Anonymous Coward on Wednesday June 21 2017, @08:05AM (#528925)

      "Shouting fire in a crowded theater" is actually a term used to outlaw political speech that disagreed with the ruling party at the time.

  • (Score: -1, Spam) by Anonymous Coward on Tuesday June 20 2017, @07:18PM

    by Anonymous Coward on Tuesday June 20 2017, @07:18PM (#528668)

    Your argument is vapid! Human language is far more complex than one sentence taken out of context; you have to read between the lines, otherwise you're just a useless pedant...

  • (Score: 2, Disagree) by wisnoskij on Tuesday June 20 2017, @08:55PM (2 children)

    by wisnoskij (5149) <reversethis-{moc ... ksonsiwnohtanoj}> on Tuesday June 20 2017, @08:55PM (#528714)

    First off, No you cannot just trademark common words.

    A band could not just call themselves The Grapes and trademark the word Grapes, this does not magically change when you swap "Grapes" for "Crackers" or "Slants".

    The law prohibiting the registration of any trademark that may "disparage" some group might of been overturned, but they still cannot trademark "Slants", because Slants is a common word and I have the right to use it however I like without being bombarded with trademark violations.

    • (Score: 3, Informative) by butthurt on Tuesday June 20 2017, @11:47PM

      by butthurt (6141) on Tuesday June 20 2017, @11:47PM (#528796) Journal

      A band could not just call themselves The Grapes and trademark the word Grapes [...]

      You may be thinking of these:

      A descriptive mark is a term with a dictionary meaning which is used in connection with products or services directly related to that meaning. A generic term is not capable of serving the essential trademark function of distinguishing the products or services of a business from the products or services of other businesses, and therefore cannot be afforded any legal protection.

      -- https://en.wikipedia.org/wiki/Trademark_distinctiveness#Descriptive_marks [wikipedia.org]

      A generic term is the common name for the products or services in connection with which it is used, such as "salt" when used in connection with sodium chloride. A generic term is not capable of serving the essential trademark function of distinguishing the products or services of a business from the products or services of other businesses, and therefore cannot be afforded any legal protection.

      -- https://en.wikipedia.org/wiki/Trademark_distinctiveness#Generic_terms [wikipedia.org]

      If a band used the name "The Band" (as a famous band did), "The Musicians" or the like, they could expect difficulty in trademarking it. "Grapes," however, is not a term commonly used in relation to music, so I'd expect it to be fine. The Beatles had a record label called Apple Records, and successfully trademarked that name; I think I remember reading that the former Apple Computer negotiated the use of the trademark, on beginning its own music sales. Had the record company been simply called "Records," difficulty in trademarking it could have been expected.

      https://en.wikipedia.org/wiki/The_Band [wikipedia.org]
      https://en.wikipedia.org/wiki/Apple_Records [wikipedia.org]

    • (Score: 2) by butthurt on Tuesday June 20 2017, @11:56PM

      by butthurt (6141) on Tuesday June 20 2017, @11:56PM (#528799) Journal

      I forgot to say: the "Windows" trademark granted for Microsoft's windowing system has been criticised as being a generic trademark. In Microsoft Corp. v. Lindows.com Inc., when Microsoft sought to take over the lindows.com domain, Lindows asserted that the trademark was generic.

      http://www.finnegan.com/microsoftcorpvlindowscominc/ [finnegan.com]
      http://www.internetnews.com/bus-news/article.php/3311641/Windows+Generic+or+Trademark.htm [internetnews.com]

      In mid-March 2002, software giant Microsoft Corporation lost the first round of its trademark battle against Lindows.com, Inc. and its LINDOWS brand software when a federal court in Seattle denied its request for a preliminary injunction. The strongly worded opinion by U.S. District Judge John C. Coughenour discusses the issue of whether or not WINDOWS is actually a generic term for graphical user interfaces (GUIs) and states that there are “serious questions” that deal with whether or not WINDOWS should continue to enjoy federal trademark protection.

      -- http://www.inta.org/INTABulletin/Pages/IsWindowsGeneric.aspx [inta.org]

      The case was settled out of court.

      https://en.wikipedia.org/wiki/Microsoft_Corp._v._Lindows.com,_Inc.#Settlement [wikipedia.org]

  • (Score: 0, Funny) by Anonymous Coward on Tuesday June 20 2017, @09:02PM

    by Anonymous Coward on Tuesday June 20 2017, @09:02PM (#528721)

    You know why there's no band named "The Crackers"?! Because white people have better things to do than dwell on identity—it's the best thing about being white: You are an individual; there is not even a Whitish Community Center.

  • (Score: 2) by butthurt on Tuesday June 20 2017, @11:26PM

    by butthurt (6141) on Tuesday June 20 2017, @11:26PM (#528784) Journal

    Mr. Gorsuch didn't participate in these cases, probably because deliberations began before he was appointed:

    GORSUCH, J., took no part in the consideration or decision of the case.

    -- https://www.supremecourt.gov/opinions/16pdf/15-1293_1o13.pdf [supremecourt.gov]

    GORSUCH, J., took no part in the consideration or decision of the
    case.

    -- https://www.supremecourt.gov/opinions/16pdf/15-1194_08l1.pdf [supremecourt.gov]

    "J." is a short form for "Justice."

  • (Score: 0, Funny) by Anonymous Coward on Tuesday June 20 2017, @11:46PM

    by Anonymous Coward on Tuesday June 20 2017, @11:46PM (#528794)

    You know why there's no band named "The Crackers"?! Because white people have better things to do than dwell on identity; it's the best thing about being white: You are an individual—there is not even a Whitish Community Center.

  • (Score: 0, Funny) by Anonymous Coward on Wednesday June 21 2017, @04:53AM

    by Anonymous Coward on Wednesday June 21 2017, @04:53AM (#528895)

    You know why there's no band named "The Crackers"? Because white people have better things to do than dwell on identity; it's the best thing about being white: You are an individual—there is not even a Whitish Community Center.

(1)