Washington Redskins get help in their trademark case via Supreme Court ruling
The Supreme Court ruled in favor of Asian rock band the Slants in an important case for the Washington Redskins.
On Monday morning, the Supreme Court issued a ruling that will likely have an impact on the Washington Redskins. The case featured an Asian rock band the Slants and a trademark denial they had received. The Slants argued against the denial of the trademark, which was issued because their name was considered offensive. Their case was based off First Amendment rights to freedom of speech. The Slants won the case with a unanimous vote from the Supreme Court.
Per Scooby Axson of Sports Illustrated, Supreme Court Justice Samuel Alito wrote the following in his opinion of the case.
"“We now hold that this provision violates the Free Speech Clause of the First Amendment. It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.”"
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This win will have a huge impact on the case the against the Redskins.
The Redskins have been using their name since 1932, but recently it has been met with some scrutiny. In 2014, the United States Patent and Trademark office cancelled several trademarks for the Redskins because the name was considered to be disparaging to Native Americans. However, given the ruling in the Slants case, the Redskins are now in better position to argue that their trademark is protected.
The Slants argued that the disparagement provision used against their trademark was unconstitutional. They were able to successfully do that, and if the Redskins use a similar argument, there is a good chance that the courts will utilize the precedent set in the Slants case to rule in favor of the Redskins.
The Redskins, for one, were “thrilled” with the results of the Supreme Court decision, according to a statement released by Redskins attorney Lisa Blatt.
"The Team is thrilled with today’s unanimous decision as it resolves the Redskins’ long-standing dispute with the government. The Supreme Court vindicated the Team’s position that the First Amendment blocks the government from denying or cancelling a trademark registration base on the government’s opinion."
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For now, it looks like the Redskins name is here to stay. It will be interesting to see how quickly the team can regain its trademarks as time goes on.