Sunday, April 30, 2017
Asian-American Rock Band Denied Trademark For ‘Disparaging’ Name; KDKA.com, April 27, 2017
Julie Grant, KDKA.com;
"The government’s position is that the trademark registration and trademarks generally have not historically served as vehicles for expression; they are meant to identify the source. The law is set forth in the Lanham Act which states that registration can be refused if a trademark is disparaging. Dr. Rooksby believes the provision is too arbitrary and will be invalidated by the court.
According to Rooksby, “I think Simon Tam should the case. They’ve made a compelling argument that this provision of the trademark law is unconstitutional and this is because it’s too arbitrary. How do you apply it? What is something that’s disparaging?”
While the court weighs the arguments, the has released an EP titled “The Band Who Must Not Be Named.” A decision is expected by the end of June."