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SCOTUS Strikes Down Government Intervention In Trademark Case

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SCOTUS Strikes Down Government Intervention In Trademark Case

Old 06-19-17, 12:44 PM
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SCOTUS Strikes Down Government Intervention In Trademark Case

http://www.cnn.com/2017/06/19/politi...ins/index.html

The Supreme Court struck down part of a federal law that denies trademark protection of terms that disparage living or dead.

The ruling could benefit the NFL's Washington Redskins, whose trademark was canceled based on the same law in a separate proceeding.

"Holding that the registration of a trademark converts the mark into government speech would constitute a huge and dangerous extension of the government-speech doctrine, for other systems of government registration (such as copyright) could easily be characterized in the same way," Justice Samuel Alito wrote in the majority opinion.

"The commercial market is well stocked with merchandise that disparages prominent figures and groups, and the line between commercial and non-commercial speech is not always clear, as this case illustrates," Alito added. "If affixing the commercial label permits the suppression of any speech that may lead to political or social 'volatility,' free speech would be endangered."

The case at hand involves Simon Tam, an Asian-American musician and political activist who named his rock band "The Slants" in an attempt to take back a term that once directed as an insult. He sought to register the name with the trademark office.

The request was denied on the ground that it is disparaging to "persons of Asian descent."

But it has wider impact.

"The case also has obvious implications for the similar dispute involving the Washington Redskins, who had their trademark canceled under the same statute and theory that the justices invalidated today," said Steve Vladeck, CNN legal analyst and professor at the University of Texas School of law. "It should now follow that their trademark also should not have been invalidated."

The Washington Redskins Attorney Lisa Blatt said the team was "thrilled" with the decision.

"The Team is thrilled with today's unanimous decision as it resolves the Redskins' long-standing dispute with the government," she told CNN in a statement. "The Supreme Court vindicated the Team's position that the First Amendment blocks the government from denying or canceling a trademark registration based on the government's opinion."
I'm still rather shocked that we had denials of trademarks based on opinion. At least SCOTUS is headed in the right direction when it comes to this and can set the US Government straight to stay the hell out of "Trademark Opinion". For the most part, it is not up to the Trademark Office to determine what is or is not "offensive". It is up to them to determine if there is an infringement of legal ownership, not an infringement of offensive interpretations.

For those who are offended...they can seek justice in the US courts.
Old 06-19-17, 12:51 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Also being discussed here: http://forum.dvdtalk.com/sports-talk...-redskins.html
Old 06-19-17, 01:19 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

"The Slants" wasn't allowed? Jeez, good thing Mike Park never tried patenting his band The Chinkees.
Old 06-19-17, 02:05 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Can I TM President Pussy Grabber?
Old 06-19-17, 02:13 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by Timber View Post
Can I TM President Pussy Grabber?
I do own presidentgrabthembythepussy.com
Old 06-19-17, 02:16 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Still trying to figure out how you grab someone by the pussy
Old 06-19-17, 02:18 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by EddieMoney View Post
Still trying to figure out how you grab someone by the pussy
Once you figure it out, you'll discover how Trump will #MAGA.
Old 06-19-17, 02:19 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by Draven View Post
Once you figure it out, you'll discover how Trump will #MAGA.
Great, I was hoping to learn the art of the pussy grab at some point in my lifetime
Old 06-19-17, 02:22 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by EddieMoney View Post
Great, I was hoping to learn the art of the pussy grab at some point in my lifetime
All I know is that it involves Tic Tacs.
Old 06-19-17, 02:25 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Maybe I'll donate my life savings to the Don's sweepstakes and try to win dinner with him at the WH. I am sure he'll educate me on p-grabbing.
Old 06-19-17, 02:29 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by EddieMoney View Post
Still trying to figure out how you grab someone by the pussy
That's what a CNN Anchor said.
Old 06-19-17, 02:35 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by Draven View Post
I do own presidentgrabthembythepussy.com
That's Ted Nugent-quality stuff.
Old 06-19-17, 02:57 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

I was wondering why anyone really cared about this case and then saw a friend of mine saying it's a victory for the Redskins, his favorite football team. So it looks like this was a proxy battle for the Redskins, and it's a victory for racists I guess.

FWIW I think the decision was correct but the Redskins should still change their name, not because they have to, but because it's the right thing to do. But then I'm not holding my breath on the NFL in general doing the right thing.
Old 06-19-17, 03:22 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

the court decision seems dead on correct, nice that it was 8-0 ...
Old 06-19-17, 03:28 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by DVD Polizei View Post
That's Ted Nugent-quality stuff.
It's a direct quote from the President
Old 06-19-17, 04:27 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by Draven View Post
I do own presidentgrabthembythepussy.com
I'm setting up a site that's all sexual harassment rape fantasy porn. Will you sell me that domain name?
Old 06-19-17, 04:52 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

At long last, a wholly-enlightening, serious thread that stays on point!
Old 06-19-17, 05:38 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by Mabuse View Post
I'm setting up a site that's all sexual harassment rape fantasy porn. Will you sell me that domain name?
I was actually going to put up resources for female sexual assault survivors but sure - one million dollars.
Old 06-19-17, 06:05 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by Draven View Post
female sexual assault survivors
Have I got a job for them!!! Loan me the domain name, refer these women my way, and I'll pay you $1.5 million in 6 months.

Last edited by Mabuse; 06-19-17 at 07:19 PM.
Old 06-19-17, 08:20 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

I'm trying to figure out how this is a ruling against government intervention when trademarks are, by nature, government intervention. HINT: There is no intellectual property in the State of Nature -- it's all a fiction created by the government to encourage creation. Without government intervention, anyone could make their own Redskins merchandise and sell it, start a coffee shop called Starbucks, or release their own Star Wars films.
Old 06-20-17, 03:53 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

There is a poll by the washington post that says 9 out 10 native americans are ok with the name. The poll is crap.
"While no one, least of all me, can say with total certainty what percentage of Native Americans approve of the Washington Redskins nickname, whose opinions do you want to believe: those of Native American leaders who can prove their identities, or those of 500 anonymous people who spoke by telephone to the Washington Post?"
Link to full storyhttp://www.huffingtonpost.com/jay-ro..._10199688.html
Old 06-20-17, 03:55 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by Baron Of Hell View Post
There is a poll by the washington post that says 9 out 10 native americans are ok with the name. The poll is crap.
"While no one, least of all me, can say with total certainty what percentage of Native Americans approve of the Washington Redskins nickname, whose opinions do you want to believe: those of Native American leaders who can prove their identities, or those of 500 anonymous people who spoke by telephone to the Washington Post?"
Link to full storyhttp://www.huffingtonpost.com/jay-ro..._10199688.html
AND, I bet they polled the DC area too.
Old 06-20-17, 04:01 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

WaPo survey:
How The Washington Post conducted the survey on the Redskins’ name
By Scott Clement and Emily Guskin May 19 at 9:00 AM

A new Washington Post survey explores attitudes of Native Americans toward the Washington Redskins team, marking the first national gauge of the group’s views of the issue in more than a decade. The following questions and answers address some of the major issues in surveying Native Americans and how this poll was conducted.

Q: Why is it difficult to survey Native Americans?

Surveying the Native American population is difficult because of the group’s relatively small size and the fact that many who live on reservations lack landline telephone access. A 2004 survey by the Annenberg Public Policy Center, which found 90 percent of Native Americans were not offended by the Redskins name, has been criticized for potentially underrepresenting Indians who live on reservations and are less likely to have landline phones, for not measuring levels of tribal membership and for only asking a single question about attitudes on the issue.

The Washington Post survey was designed to overcome challenges in surveying Native Americans by reaching a large portion of the sample through cellular phones. Roughly 95 percent of Native American adults have landline or cellular phone access in their households, and over half are cellphone-only, according to The Post’s analysis of the National Health Interview Survey. Nearly 6 in 10 Native Americans in The Post survey were interviewed on a cellular phone.

The Post survey also asked questions about tribal membership and several questions to capture attitudes toward the team’s name and the broader use of Native American imagery in sports. In addition to standardized survey interviews, The Post conducted more than two dozen follow-up interviews with survey respondents who agreed to speak with reporters during the initial survey.

Q: How were Native Americans chosen for the survey?

The survey was conducted in conjunction with weekly national surveys of U.S. adults reached through a random sample of cellular and landline telephones conducted by Social Science Research Solutions of Media, Pa. Toward the end of a survey on a range of topics, respondents who identified their race as Native American were asked a series of questions on views of the Redskins team name and Native American imagery in sports. While Native Americans account for about 2 percent of the total population, the survey’s extended field period from December to April reached 504 Native American respondents. The survey interviewed Native Americans living in all 50 states, including Alaska and Hawaii, and respondents both living on or near reservations and those who do not.

Q: How did the survey define Native Americans?

All survey respondents identified themselves as Native Americans, American Indians or Alaska Natives when asked, “Do you consider yourself white, black or African American, Asian, Native American, Pacific Islander, mixed race or some other race?” While many multi-racial Americans have partial Native American ancestry, the survey focused only on those who first identified themselves as Native Americans. This definition most closely compares with the Census Bureau’s categorization American Indian Alone, rather than American Indians in combination with another race.

Q: How did the survey account for tribal membership?

Respondents were asked whether they are currently enrolled as a member with a Native American tribe and to which specific tribe they belong. Tribal members represented 36 percent of interviews conducted and accounted for 44 percent of the final weighted sample, which matches the Census Bureau’s data on demographic and geographic characteristics. Cherokee and Navajo members accounted for the largest share of this group, though most reported enrollment in smaller tribes. Survey results are reported both for tribal members and non-tribal members, as well as for other demographic groups.

Q: How did the survey reach Native Americans living on reservations?

The survey used respondents’ Zip codes and the 2010 Census to identify whether their neighborhood included a federally recognized reservation or tribal land. Roughly 1 in 10 interviews were conducted among Native Americans who lived in Zip codes where at least 75 percent of land is on a reservation or tribal area, and another 10 percent live in Zip codes with at least some portion of tribal land. Final survey results were weighted to match census data indicating 20 percent of single-race Native Americans live in Zip codes with at least 75 percent reservation land, and 17 percent live in Zip codes containing at least some reservation land.

Q: How did the survey ask whether the Redskins name is offensive?

Questions must be clear to all respondents and avoid leading language to produce accurate results. The survey’s first question about the Redskins team name asked, “The professional football team in Washington calls itself the Washington Redskins. As a Native American, do you find that name offensive, or doesn’t it bother you?” This same question was asked in a 2004 Annenberg Center survey, and some have suggested respondents could misunderstand the phrase “or doesn’t it bother you?” The Post asked follow-up questions of the first 43 respondents to verify they understood the questions and found no respondents changed their answer due to confusion about the wording (see methodology for more detail on this test). The results from this question are also broadly in line with other questions in the survey asking the general offensiveness of the word “Redskin.” Exact question wording, order and percentage results can be found at wapo.st/pollarchive.

Q: Can a sample of 500 Native Americans be projected to the entire population?

Surveys of this size can produce accurate estimates of any size population by employing “probability sampling,” where every member of the population has a known and equal chance of being selected. Such surveys are used to measure consumer confidence, the unemployment rate, political attitudes and health. The Post’s survey of 504 Native Americans has a margin of sampling error of 5.5 percentage points, meaning that if the same survey were repeated 100 times, in 95 cases the results would not be expected to differ by more than 5.5 percentage points. Surveys can have other sources of error and variation which are more difficult to quantify, including measurement error and non-response error and the fact that about 5 percent of Native Americans are unreachable by either cellular or landline phone. Statistical weighting to Census Bureau benchmarks helps correct for some of these issues.

Q: Is the survey demographically representative of the Native American population?

Yes. Survey results were statistically weighted to match U.S. Census Bureau estimates of the demographic and regional population characteristics of single-race American Indian/Alaska Native adults. The final sample matches population estimates for gender and age groups, Hispanic ethnicity, educational attainment, regional makeup (Northeast, North-Central, South, Mountain and Pacific), and proximity to reservation and tribal lands.

Full question wording and additional technical information on the survey methodology is available here.
https://www.washingtonpost.com/local...8c8_story.html
Old 06-20-17, 04:46 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by VinVega View Post
AND, I bet they polled the DC area too.
I don't get the joke. And why are the methods used in the poll crap?
Old 06-20-17, 10:57 PM
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Re: SCOTUS Strikes Down Government Intervention In Trademark Case

Originally Posted by cpgator View Post
I don't get the joke. And why are the methods used in the poll crap?
I'm sure 9 out of 10 DC-ers want to keep the name. The Skins are a religion in DC.

Seems like they found Native Americans in all 50 states for the survey. I'd like to see one not conducted by the newspaper in the town with the disputed name in question, but from what was posted it seemed fair.

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