Trademark case could set precedent for Redskins’ name battle

WASHINGTON — A federal appeals court ruled Tuesday that the provision used to strike down the Washington Redskins trademark is unconstitutional.

The full Federal Circuit Court of Appeals issued the ruling in a separate case filed by Simon Tam, a man who has been trying for years to get his band name, “The Slants,” trademarked.

He says the band of Asian-Americans aims to take back Asian stereotypes.

While the Federal Circuit agrees with the Patent and Trademark Office’s Trademark Trial and Appeal Board that the name is disparaging, the majority opinion finds that the legal provision allowing the government to reject trademarks that are disparaging to a substantial composite of the group referenced violates the First Amendment.

The court finds that the restriction is an impermissible government influence on freedom of speech. While the court says Tam would be free to use the name even without the federal trademark protection, he is less likely to use it.

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