Band Whose Case is Before SCOTUS Participating in Trademark, Free Expression CLE

The Slants will Also Perform Live Following the Session

While intellectual property cases over music copyright are very common, the School of Law is enlisting the help of an Asian-American Band—who are the subject of a current federal trademark case before the Supreme Court of the United States—with a Continuing Legal Education (CLE) session on trademark law and free expression.

The Slants’ registration was denied by the United States Patent and Trademark Office for its use of a term deemed derogatory. In January, the Supreme Court of the United States heard oral arguments on Lee v. Tam and will determine whether that decision on what may be trademarked is constitutional.

The Slants’ founder and bassist Simon Tam will join U.S. District Judge Cathy Bissoon and Christine Haight Farley, law professor at American University Washington College of Law, for A Name Worth Fighting For? The Slants, Trademark Law and Free Expression tomorrow, Thursday, April 27, at 4:30 p.m. in the Africa Room of the Duquesne University Union.

Dr. Jacob Rooksby, associate dean and intellectual property professor, will moderate the discussion, which will address trademark law, including whether The Slants’ choice to claim their name should be protected by the First Amendment.

“Should the band be permitted to obtain registration of ‘THE SLANTS’ or was the government correct in refusing to grant the band the registration?” asked Rooksby. “The term ‘slants’ has a deeply negative and offensive history, as derogatory slang for Asian Americans, and the federal government refused to grant protection on it for that reason. But the band is comprised entirely of Asian Americans, who wish to reclaim and repurpose the moniker for non-disparaging purposes.”

The CLE course will review a section of the Lanham Act of 1946—which was used by the Patent and Trademark Office to deny the band’s application—the U.S. Court of Appeals for the Federal Circuit’s decision reversing the trademark office’s determination, and freedom of expression issues.

“The outcome of the Slants’ case, which is expected by the end of June, will have vast ramifications not only on trademark law, but also on the ongoing dialogue in this country concerning free speech, cultural identity, and the emotive force of language,” added Rooksby. “This event presents a unique opportunity for lawyers, our students, faculty, staff and the public to learn firsthand about the cultural and legal issues surrounding government regulation of speech, and to hear music from a popular band whose dispute with the Patent and Trademark Office has made its way to the highest court in the land.”

Following the CLE, The Slants will perform live in concert at 6:15 p.m. in the Africa Room. Registration is required for both the CLE and the concert. For details, including cost, CLE credits and to register, contact the School of Law at cle@duq.edu or email 412.396.6300.