U.S. Supreme Court to ponder “scandalous” trademarks

The U.S. Supreme Court will venture into the tinderbox of “scandalous” trademarks it as agrees to hear arguments from a band known as The Slants that the government has no authority to prohibit trade names that some people find scandalous. The Slants is a 21 Century Oregon group of four Asian American musicians who play “Chinatown Dance Rock.”  They insist the U.S. patent office cannot deny a trademark just because some people are offended.  Consumerist 

REDSKINS

The court’s decision may have real meaning for other businesses. The Washington Redskins NFL team is under intense pressure to change its name. The patent office for years accepted the Redskins trademark and then decided it was scandalous. In Canada, the Edmonton Eskimos team owns the name and there is no legal challenge. But the Eskimos are excoriated all the time by aboriginal critics who say they are insulted by it.

DYKES

Related is the larger question of free speech in a changing society  We do not know if the name Dykes on Bikes has been trademarked in the U.S. but the use of the word is a dead issue. In a period of what seems like a couple of years it has gone from nasty epithet to a benign description.