Articles matching tag: Trademarks
- Column: Redskins Win Legal CaseJune 29, 2017
On an 8-0 vote, the U.S. Supreme Court (SCOTUS) effectively overturned a U.S. District Court case that decided the Washington Redskins name violated the disparagement clause of the Lanham Act. The irony is that the Redskins weren’t even a party to the case. The Lanham Act, passed by Congress in 1946, allows the U.S. Patent and Trademark Office (USPTO) to deny federal registration for trademarks that “may disparage ... persons, living or dead, institutions, beliefs or national symbols.” Any trademark – defined as a word, symbol or other mark that distinguishes a source of goods from others – can be denied protection, even cancelled, if it disparages a substantial percentage of a distinct group of people, be it a racial, ethnic, religious or political group.