Offensive trade marks, which we have written about
previously, have again been in the news of late. Two
US trade mark cases have dominated the headlines, and one of these
has made it all the way to the US Supreme Court. This certainly
suggests that Americans feel strongly about the issue of offensive
trade marks. As South Africans are likely to have equally strong
feelings on the issue of names that might offend particular groups,
these US cases are worth discussing.
The first case is one we have written about before, the case of
the US football team the
Washington Redskins. The team's trade mark registrations
for its name were cancelled on the basis that they contravene the
section of the US trade mark legislation (the Lanham Act) that
deals with offensive or disparaging trade marks. This decision to
cancel the registrations was upheld by the US Trademark Trial and
Appeal Board on the basis that the trade marks contain "matter
that is likely to disparage".
