R. Gregory Israelsen offers his reaction to the U.S. Court of Appeals for the Federal Circuit’s recent decision in In re Simon Shiao Tam in the April/May 2016 edition of World Trademark Review.
The Federal Circuit reversed the Trademark Trial and Appeal Board’s refusal to register THE SLANTS as entertainment in the form of a musical group, and found the prohibition on disparaging marks unconstitutional.
“For Tam and his band, the prospect of trademark registration looks promising,” Mr. Israelsen says in his analysis. “The Federal Circuit remanded the case to the TTAB for further proceedings and assuming that THE SLANTS mark meets the other requirements for registration, the band’s name is likely to be granted trademark registration.”
Mr. Israelsen also points out that many speculate that a victory for Tam may pave the way for reinstatement of the trademark for the Washington Redskins.
Please click here to read the article, “Federal Circuit finds disparaging marks registrable – analysis and reaction.” (Subscription is required.)