Stay Where You Are: Supreme Court Denies Premature Appeal in Redskins Case

On October 3, 2016, the Supreme Court rejected a long-shot appeal from the Washington Redskins, refusing to hear their case prior to the Fourth Circuit’s ruling. The team had attempted the rare “certiorari before judgment” because it wanted its case heard alongside The Slants’ similar case, which was accepted by the court on September 29. Like the Redskins’ case, the band argued that the board’s refusal to trademark the band name “The Slants” violated its right to free speech. Though the Patent and Trademark…
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Redskins to Benefit From Federal Circuit’s Ruling in TM Action

On December 22, 2015, the Federal Circuit came to a conclusion regarding the government’s ban on “disparaging” trademark registrations that will likely support the Washington Redskins in its attempt to recover cancelled trademarks. The Federal Circuit held, in a similar case, that it is unconstitutional for the government to prohibit trademark registrations that it deems to be “disparaging,” as such action violates the First Amendment. Tuesday’s ruling occurred in a similar case, where Seattle-based rock band — The Slants — were refused a trademark…
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