Government confiscates because of offensiveness
Posted by Grendol 10 years, 10 months ago to Government
I am not a fan of the NFL or most any sport. What I am concerned about here is that the US Trademark Office has confiscated Intellectual Property due to it being offensive, which is a violation of the first amendment to the constitution. If the government is allowed to confiscate private property due to it being offensive, where does this stop? The public might not shed a tear if the neonazis or the kkk lost their property due to confiscation but where does this stop? Who is next?
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"In response to the inexplicable uproar concerning our team name by politicians in this town who want to distract our citizens from their numerous failures, I have decided to rename our team to something that more appropriately matches the nature of our city of Washington. I hereby rename the team to be the Washington Foreskins."
"No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—
(a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection with wines or spirits, identifies a place other than the origin of the goods and is first used on or in connection with wines or spirits by the applicant on or after one year after the date on which the WTO Agreement (as defined in section 3501 (9) of title 19) enters into force with respect to the United States. "
The key thing in the law is the phrase "shall be refused registration". Once trademarked isn't it too late to 'refuse' the trademark? This is confiscation/revocation, not refusal. If they are allowed to ex post facto refuse something based upon the ever changing politically correct doctrine of the time, then what was safe decades ago is unsafe now. This standard for refusal is nebulous at best.
Coke could lose its trademarks because of the new connotations of the word "coke"...
Washington Thieves
Washington Fascists
http://www.law.cornell.edu/uscode/text/1...
http://www.sportslogos.net/logos/list_by...