1 00:00:00,080 --> 00:00:02,280 Speaker 1: And now it's time for our daily Bloomberg lab reef, 2 00:00:02,360 --> 00:00:04,720 Speaker 1: exploring legal issues in the news, and it's brought to 3 00:00:04,800 --> 00:00:08,920 Speaker 1: you by the American Arbitration Association, International Trade or Business 4 00:00:08,920 --> 00:00:12,960 Speaker 1: Dispute Resolve Faster with the International Center for a Dispute Resolution, 5 00:00:13,240 --> 00:00:16,119 Speaker 1: the leader in alternative dispute resolution around the world i 6 00:00:16,200 --> 00:00:19,520 Speaker 1: c d R dot org. Today, Bloomberg Law Hostjum Grosso 7 00:00:19,640 --> 00:00:22,279 Speaker 1: and Michael Best are joined by Bloomberg News Supreme Court 8 00:00:22,320 --> 00:00:25,439 Speaker 1: reporter Greg Store to discuss a High Court case about 9 00:00:25,480 --> 00:00:31,520 Speaker 1: trademarks when the trademark in question is also considered disparaging. So, Greg, 10 00:00:31,600 --> 00:00:34,280 Speaker 1: what was the main issue for the justices? It is 11 00:00:34,320 --> 00:00:38,880 Speaker 1: a really interesting case. Student federal trademark law doesn't has 12 00:00:39,000 --> 00:00:43,080 Speaker 1: for for seventy years or so, say that trademark examiners 13 00:00:43,120 --> 00:00:48,000 Speaker 1: can refuse to UH register a trademark. That's it's a 14 00:00:48,000 --> 00:00:51,479 Speaker 1: benefit for a trademark owner UH if the name is 15 00:00:51,600 --> 00:00:54,960 Speaker 1: disparaging of of somebody else or some other thing. And 16 00:00:55,080 --> 00:00:58,560 Speaker 1: in the case of this group, the Slants trademark examiners 17 00:00:58,560 --> 00:01:01,360 Speaker 1: concluded it was the spirit even though that's not what 18 00:01:01,440 --> 00:01:03,640 Speaker 1: the members of the band say they're they're trying to 19 00:01:03,720 --> 00:01:06,760 Speaker 1: do and So the question is whether that sort of 20 00:01:07,240 --> 00:01:12,120 Speaker 1: distinction is constitutionally appropriate for the government to do in 21 00:01:12,160 --> 00:01:15,520 Speaker 1: the general sense. In the courtroom are the big question 22 00:01:15,640 --> 00:01:20,720 Speaker 1: was whether that was impermissible viewpoint discrimination by the federal government. Well, 23 00:01:20,720 --> 00:01:23,039 Speaker 1: on first blush, you know, it does seem like, gee, 24 00:01:23,120 --> 00:01:27,080 Speaker 1: they're just expressing something here, they're trying to reclaim something. 25 00:01:27,080 --> 00:01:29,480 Speaker 1: It's very political. You think it's the heart of the 26 00:01:29,520 --> 00:01:32,319 Speaker 1: free speech clause of the First Amendment. On the other hand, 27 00:01:32,360 --> 00:01:34,959 Speaker 1: what did the government argue? Well, the government's argument is 28 00:01:34,959 --> 00:01:37,840 Speaker 1: that they can still say it. Nobody's questioning their ability 29 00:01:37,880 --> 00:01:40,200 Speaker 1: to call themselves this land. And in fact they can 30 00:01:40,280 --> 00:01:46,160 Speaker 1: sue uh for trademark infringement for example under state common law. 31 00:01:47,160 --> 00:01:49,360 Speaker 1: The question that the government says is whether we're going 32 00:01:49,400 --> 00:01:51,800 Speaker 1: to give them this added benefit. This is a registry 33 00:01:51,800 --> 00:01:54,200 Speaker 1: and basically you can if you're thinking about, you know, 34 00:01:54,320 --> 00:01:55,960 Speaker 1: name in your own rock band, you can go to 35 00:01:56,000 --> 00:01:58,920 Speaker 1: this registry and see see you know what names are 36 00:01:58,920 --> 00:02:02,560 Speaker 1: already taken and and make sure you're not infringing on anything. 37 00:02:02,920 --> 00:02:06,800 Speaker 1: I mean it also, um you know, gives some legal benefits, 38 00:02:06,800 --> 00:02:09,720 Speaker 1: some presumptions when you're in court. If you're the owner 39 00:02:09,760 --> 00:02:13,040 Speaker 1: of a registered trademark, and so the government says, it's 40 00:02:13,080 --> 00:02:15,840 Speaker 1: not that we're prohibiting anybody from saying anything. We're just 41 00:02:15,880 --> 00:02:18,200 Speaker 1: deciding where that we're going to confer a benefit, and 42 00:02:18,200 --> 00:02:20,360 Speaker 1: when we do that, we have a lot more discretion. 43 00:02:21,120 --> 00:02:24,120 Speaker 1: And as Bloomberg News Supreme Court reporter Grice Store speaking 44 00:02:24,120 --> 00:02:27,000 Speaker 1: with Bloomberg Lajoe student Crosso and Michael Best, you can 45 00:02:27,040 --> 00:02:29,480 Speaker 1: listen to Bloomberg Law weekdays at one pm Wall Street 46 00:02:29,520 --> 00:02:32,239 Speaker 1: Time here on Bloomberg Radio and Now among the top 47 00:02:32,320 --> 00:02:35,240 Speaker 1: legal stories from Bloomberg Lodge. 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