With SCOTUS’ Tam Decision, Indians Logo May Be Safe in the US.

A unanimous Supreme Court ruled today that the federal government’s power to ban all trademark protections for names it deems to be offensive violates the Constitution’s First Amendment.  The Tam case (Matal v. Tam) involved a rock band called the Slants. The Slants consist of four Asian Americans.  The band acknowledges that its name has been used as a racial slur; however, they say that its name is an attempt to reclaim the racial slur to take away its power.

The band’s application to trademark its name was denied by the Patent and Trademark Office (PTO) in 2011. The PTO can deny any trademark that alludes to immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs or national symbols, or bring them into contempt, or disrepute. The Supreme Court ruled the disparagement clause violates the First Amendment’s Free Speech Clause.

So it appears, with this ruling the Washington Redskins trademark denial lawsuit will be settled in favor of the football team.  Also, the Cleveland Indians’ Chief Wahoo logo may be safe from trademark denial in the United States.  However, as we posted about recently, the Indians are still facing a fight over the logo in Canada.