A provision of federal law was struck down by U.S. Court appeals because it violates the First Amendment of the Constitution. The NFL team Washington Redskins, received an early Christmas gift Tuesday when D.C. Circuit Court ruled was released.
The court further explained that they cannot disallow the use of the offensive trademark. In a report Reuters posted, they said that they recognize that invalidating this provision may direct to the wider registration of marks that insult vulnerable communities. With the twelve judges taking part in hearing the case, Circuit Judge Kimberly Moore said in the majority opinion that whatever their personal feelings are about, the mark at matter here, or other reproachful marks, the First Amendment prohibits government regulators to reject registration because they find the speech likely to insult others.
According to Fox News, in July, a federal judge originally ordered that the Redskins' trademark registration be withdrawn. Washington Redskins appealed and the Native Americans who challenged the trademark were given until Jan. 14 to file their retort to the Redskins' appeal. This case was very similar to as to what happened to an American-Asian band named The Slants.
Yahoo News 7 reported that the Oregon-based band, whose name is now "Chinatown dance rock", appealed because the trademark agency had discarded its name for a trademark twice since 2010 on the grounds that it disparages Asians. However, the band was supported by the American Civil Liberties Union. Also, the Slants front man Simon Tam said they wanted to be named the Slants because it was their way to regain the racial slur. He also argued that they should be allowed an official trademark.
The interests in the cases are high. While some legal battles are over, Department of Justice is reviewing some of the cases. However, the court ordered that trademarks be given because it is what the Constitution states.
