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from Part I - IP Social Justice Foundations
Published online by Cambridge University Press: 04 January 2024
On January 11, 2017, The Slants™ released “The Band Who Must Not Be Named,” describing it as a “special EP that commemorates the band’s defining moment: appearing at the Supreme Court of the United States.”2 This release preceded by one week the oral argument in their facial First Amendment3 challenge to a provision in the Lanham Act that had permitted the government to reject or cancel federal registration of disparaging trademarks.4 The Trademark Trial and Appeal Board (TTAB) had upheld the denial of the band’s application to register the band’s name as its trademark on the federal register, deciding that the mark was racially disparaging.5 The Court of Appeals for the Federal Circuit initially affirmed but later vacated the denial of registration, through an en banc decision.6
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