In a Facebook post Monday, the band celebrated the decision: “The Supreme Court has vindicated First Amendment rights not only for our The Slants, but all Americans who are fighting against paternal government policies that ultimately lead to viewpoint discrimination.”
Initial reaction suggested that the trademark bar and the public should brace for a wave of distasteful trademark applications. “It seems this decision will indeed open the floodgates to applications for all sorts of potentially offensive and hateful marks,” said Orrick, Herrington & Sutcliffe partner Lisa Simpson. “While this may be the right result under the First Amendment … it seems the responsibility will now pass to the public. Trademark is a consumer-based law. And so it will be up to consumers to reject the most hateful of these marks and slogans.”
