SAN FRANCISCO — In a case testing the government’s authority to reject trademarks it deems disparaging, a pair of Asian American Bar Associations have sided against an Asian-American rock band attempting to register its name as The Slants.
Oregon musician Simon Tam has appealed decisions denying his trademark application for the band’s name and in April he was granted en banc review by the U.S. Court of Appeals for the Federal Circuit. The court has asked for briefing on whether the federal law that allows the Patent and Trademark Office to block registration of offensive or disparaging trademarks violates the First Amendment.
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