Question
A trademark is a type of intellectual property which protects the mark of the owner. The legal definition is:Atrademarkis a word, phrase, symbol, and/or design
A trademark is a type of intellectual property which protects the "mark" of the owner. The legal definition is:"Atrademarkis a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others." (United States Patent and Trademark Office). Trademarks such as Coca-Cola, Apple, and BMW are some of the most recognized in the world and are worth billions of dollars each. But certain marks cannot be registered, such as words, phrases, or symbols which are derogatory, racist, or inflammatory. Below is a case regarding the ability of a music group who were denied the rights to trademark their band, "The Slants", in reference to Asian-Americans.
Describe briefly the facts of the case, the issues addressed by the Court, and the findings of the Court. What does a ruling like this mean for organizations using names affiliated with certain groups, namely Native Americans. The Cleveland Indians, Florida State Seminoles, and Kansas City Chiefs are examples. But what about the NFL's Washington Redskins? What would the Court find regarding the use of that name? Does the intent of the user make a difference?
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