The Slants
For musician Simon Tam, the journey from the stage to the Supreme Court has been a long one – six years and counting. But on January 18, 2017, Tam’s lawyers stood in front of eight non-Asian justices to argue in favor of his band’s name, The Slants, receiving trademark protection under U.S. law. It could be considered ironic, or perhaps historic, that the opposing party in Lee v. Tam was represented by Michelle Lee, the first Asian-American director of the United States Patent and Trademark Office. Lee herself, however, did not argue the case in front of the Supreme Court – and as of June 19, 2017, the decision on this case will have much larger implications than for just Asian-Americans or rock bands.
Dance-rock band The Slants was formed by Tam in 2006, comprising four Asian-American men in Portland, Oregon. By 2009, the band was doing well enough to take themselves more seriously. So they hired a lawyer and filed a trademark application in early 2010 for their band name. Only a few months later, they found out it had been rejected. So they tried again in 2011, and again were denied in 2013. Tam appealed, but a panel of three judges on the U.S. Court of Appeals for the Federal Circuit agreed that the trademark should be refused. Only the full appellate court found that the trademark office’s choice violated the First Amendment. And now the Supreme Court has made a final decision on the case - in their favor! But why all the fuss?
According to the Lanham Act of 1946, the Disparagement Clause in Section 2(a) states that no trademark shall be refused registration, unless it “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.” The trademark office claimed that Tam’s band name would be disparaging towards “persons of Asian descent.” When Tam found this out, he wondered, “...do they know we’re of Asian descent?”
Dance-rock band The Slants was formed by Tam in 2006, comprising four Asian-American men in Portland, Oregon. By 2009, the band was doing well enough to take themselves more seriously. So they hired a lawyer and filed a trademark application in early 2010 for their band name. Only a few months later, they found out it had been rejected. So they tried again in 2011, and again were denied in 2013. Tam appealed, but a panel of three judges on the U.S. Court of Appeals for the Federal Circuit agreed that the trademark should be refused. Only the full appellate court found that the trademark office’s choice violated the First Amendment. And now the Supreme Court has made a final decision on the case - in their favor! But why all the fuss?
According to the Lanham Act of 1946, the Disparagement Clause in Section 2(a) states that no trademark shall be refused registration, unless it “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.” The trademark office claimed that Tam’s band name would be disparaging towards “persons of Asian descent.” When Tam found this out, he wondered, “...do they know we’re of Asian descent?”
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