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Trademarks filed for n-word after Supreme Court decision (WaPo)

Piecake

Member
Inspired by a recent Supreme Court ruling, two entrepreneurs offended by the n-word filed to trademark the epithet to keep it out of the hands of racists.

The court ruled in June that disparaging words can receive trademark protection. It said rejecting disparaging trademarks violates the First Amendment, clearing the way for an Asian American rock group called the Slants to trademark its name — and for the Washington Redskins’s maligned moniker to stay protected as well.

Bordenave sought use of the term in “retail store services featuring clothing, books, music and general merchandise,” among other uses, according to one of his trademark applications.

His goal: To prevent racist groups from making money from the word.

Gene Quinn, founder of the intellectual property blog IP Watchdog, said trademarking epithets to limit their use was a “laudable purpose,” but difficult to achieve.

To be maintained, trademarks must be used in interstate commerce, he said, and are awarded in different classes, such as clothing, food or video games. Anyone trying to erase these words from the marketplace would simultaneously need to put them into the marketplace.

https://www.washingtonpost.com/loca...43822fe43a7_story.html?utm_term=.63b8b1ec99f2
 

Trojita

Rapid Response Threadmaker
NPR interviewed the guys that applied for the trademarks. While their excuse seemed laughable, they stated that they were going to make products that were "too expensive to buy".

The crux of the whole thing is that to have a trademark given, it needs to be something inseparable from a brand. Basically they will never actually be given out.
 
Can't help but smirk at how creative this is. Take a bad word and brand it so that others can't use it for monetary gain and the word sees less use. Hope they can pull it off.
 
White supremacists do create a lot of books/pamphlets/other reading material for racists to gobble up.

Yeah, we don't see the n-word, or almost any offensive word, used for monetary gain but it's happening all over the place, especially in red states. We aren't the market for that shit so we don't realize how much of a problem it is.
 

Permanently A

Junior Member
NPR interviewed the guys that applied for the trademarks. While their excuse seemed laughable, they stated that they were going to make products that were "too expensive to buy".

The crux of the whole thing is that to have a trademark given, it needs to be something inseparable from a brand. Basically they will never actually be given out.

Imagine if they made the products moderately expensive but donated to the ACLU and NAACP off every purchase
 
So in order to fight racism somebody is going to create a product line full of racist shit and then make it really expensive? There is no way this backfires, right?
 

vypek

Member
Actually heard about the "Slants" recently in a podcast and they were talking about these trademarks and how sometimes you ones that are deemed offensive or slurs can get through at times. I can't remember what the podcast was unfortunately.
 

Piecake

Member
Actually heard about the "Slants" recently in a podcast and they were talking about these trademarks and how sometimes you ones that are deemed offensive or slurs can get through at times. I can't remember what the podcast was unfortunately.

I think planet money did an episode on that issue
 

Flux

Member
NPR covered the the story. I like his plan. Gotta keep Trumps tiny hands off of the trademark somehow.
 

Burning Justice

the superior princess
Yeah... It's a nice idea, but in order to maintain a trademark you have to actively use it, so I don't really see this working out as intended.
 
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