It’s Asian vs. Asian, once again.
Earlier this year, I profiled the Oregon-based Asian American rock band, “The Slants“, whose fight to trademark their name had gone all the way to the Federal Circuit Court of Appeals. According to their website, The Slants has been making music together since their 2007 debut album “Slanted Eyes, Slanted Hearts“.
Recently, however, The Slants have found themselves embroiled in a legal battle with the US Patent and Trademarks Office (USPTO), which denied them registration for the trademark of their band name on the grounds that it is derogatory towards Asian Americans. The 1946 Lanham Act prohibits registered trademarks from “consisting of or comprising of 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.”
It is on this basis that opponents of the Washington Redskins and other racist sports mascots have demanded that the NFL #ChangeTheName. And indeed, when the federal government allows an entity to register a racist, sexist, or otherwise derogatory trademark, they in so doing condone the language by granting it institutional recognition and legal protection.
But, should all uses of all historically derogatory slurs simply become — in essence — blacklisted — prohibited regardless of context?