Disparagement, Political Correctness And The First Amendment

When the U.S. Patent and Trademark Office (USPTO) cancelled six federal trademark registrations for the WASHINGTON REDSKINS mark, the decision received a lot of attention. Registration was refused on the basis that the REDSKINS mark was disparaging to Native Americans at the time of registration. "Normal" people (non-attorneys) I spoke to were divided on their views of the decision. The cancellation decision remains on appeal.

As covered in this blog recently, the USPTO made a similar finding in a less well-publicized decision refusing registration of THE SLANTS mark for entertainment in the nature of live performances by a musical band comprised of performers of Asian descent. The refusal to register was later upheld on appeal by the U.S. Court of Appeals for the Federal Circuit.