Copyright Concerns Dog PTO at High Court in 'Slants' Case

On January 18, 2016, during oral argument in Lee v. Tam, the Supreme Court suggested that arguments that the United States Patent and Trademark Office (USPTO) can ban disparaging trademark registrations could be used to justify withholding copyright registration from books with objectionable content. In Lee v. Tam, the USPTO refuses to register Simon Shiao Tamn's trademark application for his band named "the Slants," saying the mark is disparaging to Asians. Tam argues that his desire to register the name is a salute to his Asian heritage and takes a stand against bigotry. Claims around free speech have been called into question as a result of this case. Bloomberg BNA reached to Finnegan partner Mark Sommers for his thoughts on the case.

Sommers said, "This case involves a very interesting use of a trademark—to ‘take back’ a slur—and what happens when you try to graft that purpose onto the trademark statute. The statute wasn't originally designed to protect speech. It's a consumer protection statute to protect against confusion when buying products."