The Supreme Court on Monday turned down a request from the Washington Redskins to hear its case against the federal government’s decision to cancel the NFL team’s trademark because it was offensive.
The Court’s decision was expected because the U.S. Court of Appeals hasn’t yet had a chance to rule on a lower court decision that upheld the government’s decision to cancel the trademark.
However, the Court did take up a separate case that could determine the fate of the Redskins’ trademark. That case is Lee v Tam, and involves an Asian-American rock band called “The Slants” that is seeking a trademark for its name. That trademark has also been rejected by the U.S. Patent and Trademark Office, which decided it was offensive.
Both the Redskins and the band have suggested that a federal law barring trademarks on racial slurs violate the First Amendment.
A victory for the band before the Court would likely mean a victory for the Redskins. But a loss by the band would not necessarily end the Redskins’ chances of prevailing in keeping its trademark.
No date has been set yet for oral arguments in the band’s case.
