Paul Popeo and Irina Oberman Khagi on the Slants' Trademark Battle

View "The Slants' Trademark Battle Plays On."

Paul Popeo and Irina Oberman Khagi wrote “The Slants’ Trademark Battle Plays On,” in Appellate Law360, where they discuss The Slants’ (a Portland-based band) trademark case thus far. After registering the trademark “The Slants,” it was refused for being disparaging to Asian-Americans pursuant to Section 2(a) of the Lanham Act. However, an en banc Federal Circuit departed from long-standing precedent and struck down the ban on disparaging trademarks as an unconstitutional discrimination against unpopular speech under the First Amendment. Paul and Irina explain that the Federal Circuit decision has paved the way for trademark applicants to register marks that might otherwise have run the risk of being found to be disparaging. The article also appeared in Intellectual Property Law360, Media & Entertainment Law360, Native American Law360 and Sports Law360.