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A New Slant on Trademark Law

As reported in US Won’t Trademark Band’s ‘Racist’ Name (Newser), a Portland-based Asian-American band with a large Asian-American fan base, The Slants, has had their application for a federal trademark rejected by the U.S. Patent and Trademark Office, on the grounds that it is “racist.” The USPTO can refuse a trademark if it “consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage”. But as the band’s manager and bassist notes, “minorities should have the right to label themselves.”

Drat. So much for my plans to start up a band called The Coonasses.

Oh, wait. Maybe not.

But my guess is Fat Ho Burgers might face similar difficulties…

[H/t Wendy McElroy, Vijay Boyapati]

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To the extent possible under law, Stephan Kinsella has waived all copyright and related or neighboring rights to C4SIF. This work is published from: United States. In the event the CC0 license is unenforceable a  Creative Commons License Creative Commons Attribution 3.0 License is hereby granted.