US Court: Offensive Trademarks Are Protected by Free Speech
The United States Supreme Court ruled Monday that an Asian-American musical group called "The Slants" has the right to trademark its name. The word is offensive to many Asians.
The group's founder, Simon Tam, tried to trademark the name in 2011. But the U.S. Patent and Trademark Office denied the request. It said the word was a derogatory reference to Asian peoples' eyes.
But on Monday, the Supreme Court said a federal law that bans offensive trademarks violates free speech rights guaranteed by the First Amendment of the Constitution.
Tam was happy about the ruling. He said: "This journey has always been much bigger than our band -- it's been about the rights of all marginalized communities to determine what's best for ourselves."
The ruling could affect other trademark cases. In 2014, the trademark for the Washington Redskins football team was cancelled after Native Americans complained that the word "redskins" was offensive. A lower court said it would wait to hear an appeal of the decision until the Supreme Court ruled on the musical group's appeal.
I'm Phil Dierking.
1.musical group 乐队；乐团
The musical group split up more than three years ago.
2.Supreme Court 高等法院；最高法院
The campaigners held a sit-in outside the Supreme Court.
3.ruled on 裁决
The Israeli court has not yet ruled on the case.
4.marginalized communities 边缘化社区
The diminishment of the humanity of others can be a daily challenge for officers who work in marginalized communities.
1.The United States Supreme Court ruled Monday that an Asian-American musical group called "The Slants" has the right to trademark its name.
has the right to 有...的权利
He argues very strongly that none of us has the right to sit in judgement.
The adopted child has the right to see his birth certificate.
2.But on Monday, the Supreme Court said a federal law that bans offensive trademarks violates free speech rights guaranteed by the First Amendment of the Constitution.
free speech 言论自由
Many experts in constitutional law have warned that the rule violates the right to free speech.
When we were silent, you said you wanted us to have free speech.
周一，美国最高法院判决“The Slants”亚裔乐队有权注册其团名为商标 。该乐队名字涉嫌歧视亚洲人 。
2011年，乐队的创始人西蒙·谭（Simon Tam）曾试图将乐队名字注册为商标 。不过，美国联邦商标局驳回了这一请求 。该局表示：“丹凤眼”（The Slants）一词是对亚洲人的侮辱 。
谭对于这一判决结果十分满意 。他表示：“奋力争取注册乐队商标不仅是为了乐团——更是为为了所有边缘化群体决定什么最适合自己的权利 。”
这一判决可能会影响其他商标注册案 。2014年，华盛顿红人足球队所注册的名字被取消，因为当地美国人抱怨，“红人”一词具有冒犯性 。下级法院称，会等待最高法院对该乐队的申诉的判决结果 。