New York, NY (Top40 Charts) On Tuesday, December 22, 2015, the United States Court of Appeals for the Federal Circuit ruled that Portland, Oregon-based Asian-American dance rock band The Slants have the right to register their trademark. In a decision with national implications on free speech, the appeals court ruled that the U.S Patent and Trademark Office and Department of
Justice violated the band's First Amendment rights.
In a 9-3 vote, the appeals court struck down the "disparagement" portion of the Lanham Act, a 1946 law that allowed the Trademark Office to deny marks that could be considered "scandalous, immoral, or disparaging."
Writing for the opinion, Judge Kimberly Moore stated, "Courts have been slow to appreciate the expressive power of trademarks...Words -- even a single word -- can be powerful. Mr.
Simon Tam named his band The Slants to make a statement about racial and cultural issues in this country. With his band name, Mr. Tam conveys more about our society than many volumes of undisputedly protected speech."
This victory comes after six years of fighting against the Trademark Office.
Press outlets have already covered the victory, including:
Wall Street Journal - https://www.wsj.com/article_email/government-cant-reject-trademarks-for-being-disparaging-or-offensive-court-says-1450809668-lMyQjAxMTA1OTI5MjUyMDI5Wj
Billboard - https://www.billboard.com/articles/business/6820724/rock-band-the-slants-first-amendment-appeal-disparaging-trademarks
NPR - https://www.npr.org/sections/thetwo-way/2015/12/22/460692655/government-cant-deny-trademarks-over-offensive-names-appeals-court-rules
NBC News - https://www.nbcnews.com/news/asian-america/court-ruling-brings-slants-closer-trademarking-name-n484711
Reuters - https://www.reuters.com/article/us-music-slants-trademark-idUSKBN0U51UF20151222
Forbes - https://www.forbes.com/sites/danielfisher/2015/12/22/d-c-court-strikes-down-law-used-to-spike-redskins-trademark/
Fox News - https://www.foxnews.com/politics/2015/12/22/boost-for-redskins-court-rules-against-trademark-law-used-in-nfl-case.html
Vice - https://noisey.vice.com/blog/the-slants-court-ruling-explainer
New York Times - https://www.nytimes.com/2015/12/23/sports/football/washington-redskins-trademark-nickname-offensive-court-ruling.html?smprod=nytcore-iphone&smid=nytcore-iphone-share
Band founder and leader
Simon Tam (whose stage name is
Simon Young) formally applied for a trademark in 2010, but a trademark examiner rejected the application, stating that "The Slants" was a disparaging term and using sources like UrbanDictionary.com as evidence. In 2011, Tam filed a second application, but was rejected again under Section 2(a) of the Lanham Act. After numerous appeals and arguments in court, the band finally prevailed using Free Speech arguments.
"This is an incredible victory," writes Tam. "No one starts a band expecting to spend over half a decade in court. What began as an uphill battle against the government turned into an opportunity to overturn an outdated law that has been used to suppress the voices of marginalized communities."
David Rogers, Executive
Director for the ACLU of Oregon (who filed an amicus brief in support of the band) stated, "This case calls for an end to a law that is being used to suppress minority voices."
The case has drawn many speculations and comparisons with NFL team, The Washington Redskins, who are fighting their own trademark battle in the 4th Circuit court of Appeals. While the federal circuit ruling is not binding, some have argued that The Slants' recent victory may make it easier for offensive content to receive government protection.
A published statement by the band says, "In the drive for click-bait, many of the stories published sidestepped what was actually done - removing a law that suppressed the speech of marginalized groups - and re-framed it in the context of the Redskins. While this certainly isn't hurting their case, it doesn't guarantee a win for them either…We should not let the fear of a football team regaining their trademark registrations justify the suppression of rights for other groups."
In the meantime, the government has 90 days to appeal the ruling and petition the Supreme Court to re-hear The Slants' case. Most legal experts believe that either way, one or both cases will end up being argued at the higher court.
"While we might be dragged into court again, we're going to enjoy the moment and focus on our music and touring," says Tam. "We have a lot of exciting things coming up for next year and life would definitely be easier if I didn't need to focus on a legal battle for once."
This decision was announced just weeks after the completion of a national tour and premiere of the band's music video for "Sakura, Sakura," filmed in collaboration with the Oregon Nikkei Legacy Center, and featuring an exhibit about the enduring spirit of Asian Americans righting for their rights. The video showcases a new smartphone developed by Neoix, who is releasing a "Slants edition" of their Rakkaus phone in 2016 and donating a portion of all proceeds to human rights causes. The phone will come pre-loaded with band wallpapers, music, and exclusive features.
The band will be releasing their newest album, Something Slanted This Way Comes, in April of 2016, following an Asian world tour in Spring.
Current tour dates:
1/15/16 - NewCon - Portland, OR
1/16/16 - NewCon - Portland, OR
1/17/16 - NewCon - Portland, OR
1/28/16 - Dorsey & Whitney legal panel and party - Seattle, WA
1/30/16 - Dante's - Portland, OR
2/04/16 - The Rickshaw - San Francisco, CA
2/05/16 - Powerhouse Pub - Folsom, CA
2/06/16 - Yume Con - Los Alto Hills, CA
3/19/16 - Kelowna Fan Expo - Belowna, BC CANADA
4/01/16 -
Spring Scream Festival - Kenting, Taiwan
4/02/16 -
Spring Scream Festival - Kenting, Taiwan
4/03/16 -
Spring Scream Festival - Kenting, Taiwan
4/04/16 -
Spring Scream Festival - Kenting, Taiwan
4/29/16 - DisOrient Film Festival - Eugene, OR
4/30/16 - DisOrient Film Festival - Eugene, OR
4/31/16 - DisOrient Film Festival - Eugene, OR
5/14/16 - Blue Room Bar - Portland, OR
