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 Redskinss 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.
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