There was an interesting collision of pop culture and government policy last month when the band The Slants lost their appeal to register their name with the U.S. Trademark Office (h/t to The TTABlog®). It's common for bands to register their name with the Trademark Office in order to confirm their right to prevent others from using the same name. Band names are a valuable commodity, after all, and legal disputes over who "owns" a name can be a nightmare - like a corporate dispute and divorce proceeding rolled into one. Just ask Sublime, or One Direction, or The
What's less common is for the Trademark Office to reject an application because the band's name may be offensive, and what's rarer still is an opinion from the Trademark Office that a band's name is offensive because of the ethnicity of the band members. By attempting to avoid endorsing a potentially loaded term, the Trademark Office instead stumbled right into the debate over self-expression and ethnic identity.
More below the fold (and fair warning, this post naturally includes references to various ethnic, racial and sexual slurs, all of which are reprinted here for discussion purposes only without any malicious intent) ...