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posted by cmn32480 on Saturday October 01 2016, @12:34PM   Printer-friendly
from the who-defines-offensive dept.

The Supreme Court on Thursday said it would decide, once and for all, whether federal intellectual property regulators can refuse to issue trademarks with disparaging or inappropriate names.

At the center of the issue is a section of trademark law that actually forbids the US Patent and Trademark Office (USPTO) from approving a trademark if it "consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute."

The case before the justices, which they will hear sometime in the upcoming term beginning in October, concerns the Portland-based Asian-American rock band called the Slants. Previously, decisions have come down on both sides regarding trademarking offensive names. The most notable denial is likely the name of the NFL's Washington franchise, "Redskins." But lesser known denials include "Stop the Islamization of America," "The Christian Prostitute," "AMISHHOMO," "Mormon Whiskey," "Ride Hard Retard," "Abort the Republicans," and "Democrats Shouldn't Breed."

http://arstechnica.com/tech-policy/2016/09/can-you-trademark-an-offensive-name-or-not-us-supreme-court-to-decide/


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  • (Score: -1, Flamebait) by Anonymous Coward on Saturday October 01 2016, @05:21PM

    by Anonymous Coward on Saturday October 01 2016, @05:21PM (#408831)

    I use the word nigger regularly. It's not my problem if niggers take offence to it.

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  • (Score: 0) by Anonymous Coward on Saturday October 01 2016, @06:00PM

    by Anonymous Coward on Saturday October 01 2016, @06:00PM (#408842)

    Use it all you want. You just can't trademark protection for it.

    • (Score: 2) by Pslytely Psycho on Sunday October 02 2016, @11:49PM

      by Pslytely Psycho (1218) on Sunday October 02 2016, @11:49PM (#409182)

      Until1926 there was a product called Nigger Hair pipe tobacco. In that year they changed it to Bigger Hair.

      They are collectors items now. I'm pretty sure it wouldn't fly today, and apparently became taboo long before I would of believed.

      --
      Trump succeeds in making Nixon look respectable, Mission Accomplished!