Slants Court Decision May Impact Redskins, But Won't Affect Your Trademark Rights

Now that a federal appeals court has ruled a portion of the Trademark Act unconstitutional, what will this mean for the “Redskins?” The court has said that the Trademark Office may not refuse registration of “The Slants” for an Asian-American band as it is disparaging. If the statute is voided, what about the Redskins case? The United States Court of Appeals for the Federal Circuit has just struck down the portion of the law that allowed the Trademark Office the power to refuse registration to a mark it considers scandalous. In my view, this is a victory for free speech and clearly for trademark owners.