ST Alpha - "that's crap" (Reading a Post)

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In response to "Also, the Federal Circuit made a monumental ruling on trademark law and offensive names. -- (link)" by ReluctantCynic

that's crap

Posted by humbug (aka chris) Dec 22 '15, 12:38

trademarks are inherently (solely) commercial speech, if they're speech at all. an applicant isn't asking the government to sanction or not sanction the allegedly offensive term. they're asking them to grant a monopoly in commerce for the mark

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Yes. But does mere government recognition or registration turn commercial speech into government speech? -- nm - ReluctantCynic Dec 22, 12:41 4
- nah, the existence of the system doesn't preclude anyone from labeling their goods/services whatever they want to. they're just not entitled to use - humbug Dec 22, 12:45 3
  - So someone with a common law trademark would be excluded from the federal courts? Or they are just not entitled to federal registration ... - ReluctantCynic Dec 22, 12:49 2
    - sue under common law if you want but don't ask the feds to give you the heightened Lanham Act sword to wield against your competitors -- nm - humbug Dec 22, 12:53 1
      - I can't go that far. - ReluctantCynic Dec 22, 13:12

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that's crap

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