Bobby Jindal Announces Plan to Withdraw Louisiana from Common Core | Main | Obama to Congressmen: If I Alone Decide to Declare War on Iraq Unilaterally, I'll Be Sure to Send You an Email About It
June 18, 2014

Patent & Trademark Office Cancels Washington Redskins Trademarks, Claiming They Disparage the Indian Race

Escalation.

The government has an officially-approved viewpoint, and they've got the force, and the inclination, to push that viewpoint on to the citizens it supposedly serves.

Volokh explains what this means -- and it doesn't mean all that much from the Redskins' perspective. Apparently a trademark has a legal power whether the government officially recognizes it (registers it) or not; there are advantages to having a registered trademark, such as being presumed to have established the trademark when suing for infringement, but a holder of a non-registered trademark can still sue for infringement. He just has to prove he owns the trademark in court, rather than being presumed to own it.

In the Redskins' case, that shouldn't be a difficult hurdle.

Volokh thinks that this constitutes viewpoint-discrimination by the government and that all such restrictions should be unconstitutional...

My tentative view is that the general exclusion of marks that disparage persons, institutions, beliefs, or national symbols should be seen as unconstitutional. Trademark registration, I think, is a government benefit program open to a wide array of speakers with little quality judgment. Like other such programs (such as broadly available funding programs, tax exemptions, or access to government property), it should be seen as a form of "limited public forum," in which the government may impose content-based limits but not viewpoint-based ones. An exclusion of marks that disparage groups while allowing marks that praise those groups strikes me as viewpoint discrimination.

....but that strikes me as too large a position for any court to take.

Harry Reid, of course, mumbled about the decision like a confused old man...


...but he's just probably happy we're not talking about child stalking.



digg this
posted by Ace at 06:47 PM

| Access Comments




Recent Comments
Christopher R Taylor: "[i]Well, and marriage. And legitimacy. And a decen ..."

TexasDan[/i]: "290 The Clinton Center for IT Security Posted by: ..."

Hadrian the Seventh: " [i]The Clinton Foundation for Ethics in Governme ..."

morigu: "can we just have the SMOD come now so we can start ..."

sniffybigtoe: "Or that stupid Red Rover game. "Red Rover, Red ..."

ibguy : "Hey Horde! Sorry for the O/T, but time's flying ..."

Shep, miss me yet?: "Mayor Pete's cult is a four-pack of Chardonnay in ..."

Biggs Darklighter: "I'm not a fan of the recent push that all kids nee ..."

Grump928(c): "[i]Don't think they are going to go for that.[/i]N ..."

sniffybigtoe: "The Clinton Center for IT Security ..."

Mr. Peebles: "[i] Is *everyone* who runs the world a pervert?[/i ..."

Pig to man dreaming of lions : "283 We played "Smear the Queer" at recess when I w ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64