U.S. court says trademarks can't disparage religious, ethnic groups

[rug]

Reuters
11 hours ago

WASHINGTON (Reuters) - A U.S. appeals court on Tuesday upheld a decision to refuse to allow the owners of a website titled "Stop! Islamization of America" to trademark the site's name, in a case that legal experts think has implications for the long-running fight over the name of the Washington Redskins NFL team.

Tuesday's case had its origin in 2011, when an examiner with the U.S. Patent and Trademark Office (USPTO) refused to register the website name as a trademark, arguing that it could be disparaging to American Muslims. The decision was reviewed by the USPTO itself, and upheld.

The U.S. Court of Appeals for the Federal Circuit affirmed that decision, citing essays and comments on the website which opposed building mosques in the United States, and expressions of support for Muslims who leave the faith.

"Appellants (the website owners) contend the essays posted on their website do not advocate suppression of the Islamic faith, but only oppose political Islamisation. The (USPTO) board disagreed, as do we," the court said in its ruling which found "substantial evidence" for the trademark office's decision.

http://news.yahoo.com/u-court-says-trademarks-cant-disparage-religious-ethnic-005359294--nfl.html

The 12-page decision:

http://www.cafc.uscourts.gov/images/stories/opinions-orders/13-1412.Opinion.5-9-2014.1.PDF

[TygrBright]

1. DAMN, there's a LOT of worms in that can....!! n/t

[temporary311]

2. So does that mean Washington Redskins

isn't an enforceable trademark?

[rug]

3. There's a case pending now in that Circuit under the same statute.

http://www.washingtonpost.com/blogs/capital-business/post/legal-battle-over-redskins-name-continues/2012/09/06/9b80a502-f7ac-11e1-8398-0327ab83ab91_blog.html

Stay tuned.

[AtheistCrusader]

11. That's precisely the focal point of this fight.

For now, it's enforceable while the ruling is under appeal. After that, sky's the limit.

[Jim__]

4. What are the implications of not being able to trademark a name?

Does that mean that their website can't have this name?

[rug]

5. Ironically, it means anyone can use it.

A trademark is intellectual property that can be used only under license or permission. It can have tremendous value and the courts will enforce trademark protection.

Without it, instead we have a First Amendment versus hate speech situation if that phrase is used.

[Jim__]

6. That is ironic!

[struggle4progress]

7. Oh no! Could this affect my efforts to register "Fuck You" as a trademark?

[rug]

8. No, it's already too generic.

[rug]

9. Update: Redskins lose.

http://www.scribd.com/doc/230248014/TTAB-Order

[okasha]

10. Good!

They ought to have retired the name decades ago.

[rug]

12. It really is a thorough decision.

[cbayer]

13. Very glad to see that.

They should have done it long ago.

[hrmjustin]

14. Good!