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  1. #1
    Atomic Punk bklynboy68's Avatar
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    Default RACIAL SLUR: Government blocks Asian-American band from trademarking The Slants'

    A six-member, Portland, Ore. band composed entirely of Asian-Americans has been fighting the U.S. Patent and Trademark Office (PTO) for over four years in an effort to trademark the band’s name — “The Slants.”

    When the band first applied for the trademark in 2009, the PTO refused on the grounds that the name was offensive to Asians, citing two crowd-sourced reference sites — Wikipedia and the ever-colorful Urban Dictionary — in the denial.

    Urban Dictionary, an online compendium of user-submitted definitions,has multiple definitions for “slants.” According to one, the term is a “derogatory term used to refer to those of Asian descent. More accurately, it tends to refer to anybody with slanted eyes.” Another identifies “slants” as “Pants worn by a slut, or ‘slutty pants’ or ‘slut pants’ which form the merged word ‘slants’. Normally worn much lower than normal pants because the wearer is ‘always ready.’”

    NPR reports that The Slants threw every argument they could think of at the PTO in their first application in 2009:

    They’re “reclaiming the term.” (That argument worked for “Dykes on Bikes” in 2005.)

    It’s “a reference to musical chords.”

    They’ve surveyed Asian-Americans across the country about the offensiveness of the phrase.

    They had a Duke University linguist analyze the word.

    The PTO turned them down by citing the “Lanham Act,” which forbids “scandalous” or “immoral” trademarks.

    So The Slants changed their strategy and applied again in 2011, removing all references to race.

    “On the second attempt we decided to make it race neutral,” Simon Tam, the group’s band manager and bassist, told The Daily Caller. “Nothing [was in the application] that would indicate we were Asian whatsoever.”

    “We wanted to apply for the name on its own merit and see what the reaction would be,” Tam said.

    But Tam said the PTO didn’t even try to consider the application independently from the previous one.

    “The same examining attorney just copied and pasted the old evidence” in the denial, Tam explained.”When we asked him why he applied the use of a racial slur on our application, [he replied,] ‘Because the applicant is Asian-American. Because of the applicant’s race, people automatically think of the racial slur.’”

    “[W]e are faced with a term that necessarily identifies people,i.e., the live performers,” the PTO wrote in the denial. “Thus, those who attend the liveperformances will necessarily understand THESLANTSto refer to thepersons who comprise the musical band.”

    The group was livid. “You shouldn’t be allowed to deny a right based on somebody’s race,” Tam told TheDC.

    The group refers to their music as “Chinatown Dance Rock”, and their albums include”Slanted Eyes, Slanted Hearts,” “Slants! Slants! Revolution,” “Pageantry,” and “The Yellow Album.”

    “They describe themselves as one of the first Asian-American rock bands,” NPR’s Kat Chow wrote. “Their music caters to an Asian-American crowd, they’ve spoken at various Asian-American events, and they’re proud of all of it.”

    Now the group is taking their case to federal court.

    The Slants are hoping that a judge will agree with the band’s newest argument — that it’s their First Amendment right to use any name they want — and force the PTO to approve the trademark.



    http://dailycaller.com/2013/10/21/ra...#ixzz2iPDK5Uqz
    "He has a swaggering retro machismo that will give hives to the Steinem cabal" -Camille Paglia on Donald Trump

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  2. #2
    Atomic Punk BREW CREW's Avatar
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    When will the gays be filing suit against the band, "Butthole Surfers"??
    Just go for it!

  3. #3
    Atomic Punk bklynboy68's Avatar
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    Supreme Court sides with The Slants, rules ban on offensive names is unconstitutional

    Published June 19, 2017 Fox News



    The Supreme Court ruled Monday that a federal trademark law banning offensive names is unconstitutional, siding with a rock band whose name had been deemed racially disparaging by the U.S. Patent and Trademark Office.

    n an 8-0 ruling, the court determined the laws so-called disparagement clause violates the free speech clause of the First Amendment.

    The case centered on Oregon-based, Asian-American band The Slants, which was denied a trademark because its name was considered offensive. The band countered that the 70-year-old law at issue violates free-speech rights -- and Justice Samuel Alito, in the courts opinion, agreed.

    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. If affixing the commercial label permits the suppression of any speech that may lead to political or social volatility, free speech would be endangered, he wrote.

    The victory for the band could have broader implications and be welcome news for the Washington Redskins, embroiled in its own legal fight over the teams name. The trademark office canceled the football teams lucrative trademarks in 2014 after finding the word Redskins is disparaging to Native Americans.

    At issue in The Slants case was a law that prohibits registration of trademarks that may disparage ... persons, living or dead, institutions, beliefs or national symbols.

    A trademark confers certain legal benefits, including the power to sue competitors that infringe upon the trademark.

    Slants founder Simon Tam said his goal was to reclaim a derisive slur and transform it into a badge of ethnic pride. But the trademark office said a term can be disparaging even when used in a positive light. A federal appeals court had sided with the band, ruling that the law violates the First Amendment.

    Alito cautioned in his opinion that the government still has an interest in preventing speech expressing ideas that offend.

    But he suggested the clause in question was too sweeping: The clause reaches any trademark that disparages any person, group, or institution. It applies to trademarks like the following: Down with racists, Down with sexists, Down with homophobes. It is not an anti-discrimination clause; it is a happy-talk clause. In this way, it goes much further than is necessary to serve the interest asserted.



    http://www.foxnews.com/politics/2017...itutional.html
    "He has a swaggering retro machismo that will give hives to the Steinem cabal" -Camille Paglia on Donald Trump

    "Make way for the bad guy"- Tony Montana

    'This hamburger don't need no helper"- David Lee Roth

    "I wish Bon Jovi would've given me a call before he recorded all of his hits, because the lyrics would've been smarter, the melodies would've been much more smashing, and they would've sold a lot fewer records." -David Lee Roth

    "My beef is people thinking Bon Jovi is good cuz they sold lots of records to housewives." -tango

    "But being number one doesnt really mean jack fuck all. We sold twice as many records as other records that year (1984) that landed in the Number One position." ~Eddie Van Halen

 

 

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