8
Wednesday, January 25, 2017 The Nugget Newspaper, Sisters, Oregon
Justices raise doubts over a trademark law Sisters salutes...
By Sam Hananel
Associated Press
WASHINGTON (AP) —
In a First Amendment clash
over a law barring offensive
trademarks, the Supreme
Court on Wednesday raised
doubts about a government
program that favors some
forms of speech but rejects
others that might disparage
certain groups.
The justices heard argu-
ments in a dispute involv-
ing an Asian-American
band called the Slants that
was denied a trademark
because the U.S. Patent
and Trademark Office said
the name is offensive to
Asians.
Justice Elena Kagan
reflected the concerns of sev-
eral justices when she said
government programs are not
supposed to make a distinc-
tion based on viewpoint.
“The point is that I can
say good things about some-
thing, but I can’t say bad
things about something,”
she said. “And I would have
thought that that was a fairly
classic case of viewpoint
discrimination.”
The Oregon-based band
says the 70-year-old law
violates free-speech rights.
A federal appeals court had
ruled that the law is unconsti-
tutional, but the government
appealed.
A victory for the band
would be welcome news for
the Washington Redskins,
embroiled in their own legal
fight over the team’s name.
The trademark office can-
celed the football team’s
lucrative trademarks in
2014 after finding the word
“Redskins” is disparaging to
Native Americans.
But the justices also
seemed concerned that
imposing absolutely no lim-
its on trademark names might
go too far.
At issue is a law that pro-
hibits registration of marks
that “may disparage ... per-
sons, living or dead, insti-
tutions, beliefs or national
symbols.” A trademark
confers certain legal ben-
efits, including the power to
sue competitors that infringe
upon the trademark.
Slants founder Simon Tam
says his goal was to reclaim a
derisive slur and transform it
into a badge of ethnic pride.
But the trademark office said
a term can be disparaging
even when used in a positive
light. A federal appeals court
sided with the band, ruling
that the law violates the First
Amendment.
The Obama administra-
tion wants the high court to
overturn that ruling. Justice
Department lawyer Malcolm
Stewart told the justices that
the law does not restrict
speech because the band is
still free to use the name
even without trademark
protection.
Stewart said the govern-
ment was concerned about
allowing trademarks for
racial slurs, religious insults
and the “vilest racial epi-
thets” that distract consumers
and hinder commerce.
Justice Stephen Breyer
wasn’t impressed, saying
he could think of “perhaps
50,000 examples of instances
where the space the trade-
mark provides is used for
very distracting messages.
“What business does
Congress have picking out
this one, but letting all the
other distractions exist?”
Breyer asked.
Justice Anthony Kennedy
compared the trademark pro-
gram to copyrights, noting
that the government can’t bar
disparaging copyrights.
“We have a culture in
which we have tee shirts and
logos and rock bands and
so forth that are express-
ing a point of view,”
Kennedy said. “They are
using the market to express
views.”
Justice Ruth Bader
Ginsburg said the law wasn’t
being enforced consistently,
noting that the term “Heeb”
was approved in one trade-
mark application, but not in
another. The term is consid-
ered offensive to Jews.
New Year,
New You!
Call now to schedule your
complimentary consultation
$300 discount for the month
of January when you start a
comprehensive treatment program.
New patients only. Flexible fi nancing.
Smile by Kim
& The Brace Place!
541-382-0410
410 E. Cascade Ave., Sisters
CentralOregonBracePlace.com
John Connell, attorney
for the Slants’ founder,
said the First Amendment
should allow trademark
approval of virtually any
expression without limits.
But some justices seemed
to think his argument went
too far. The trademark law,
for example, places restric-
tions on words that are libel-
ous or cause confusion in the
marketplace.
“You want us to say that
trademark law is just like
a public park” where peo-
ple can say whatever they
want, Kennedy told Connell.
“Good-bye. That’s it. That’s
your argument.”
Justice Sonia Sotomayor
wondered about libelous
trademarks. What if someone
tried to register “Trump is a
thief” before the president-
elect became a public figure,
she asked.
Connell said that should
be allowed.
“That makes no sense,”
Sotomayor said.
Breyer noted that the
Slants are free to use their
name in all kinds of ways,
just not in the trademark
itself.
“This is not a general
expression program,” Breyer
said. “It stops nobody from
saying anything.”
Like the Slants, the
Redskins say their name is
meant to honor American
Indians. But the team has
spent years fighting legal
challenges from Native
American groups that say it’s
a racial slur. A federal judge
upheld the trademark office’s
cancellation of the name and
the team is appealing. The
matter is on hold pending
the outcome of the Slants
case.
A ruling in that case
is expected by the end of
June.
ALERT Camp Sherman
Committee wrote:
Thank you to everyone
who helped our community
during the recent extreme
winter weather: Ellen Wood,
chairperson, Road District
18 provided excellent com-
munication during a conflu-
ence of circumstances that
included heavy snowfall,
equipment failures and the
expert plow driver temporar-
ily away.
Thanks to Deputy Dave
and the guys from Madras
and Sisters driving plows,
road graders and front-end
loaders. Appreciation also to
the local guys using bobcats
or pickup trucks with blades,
especially those using snow
blowers or roof rakes to
clear our roofs.
And, neighbor checking
on neighbor, lending rakes
when none could be found
in town.
Gratitude to Mark Foster
who cleared a single lane on
the Camp Sherman Road
and in Metolius Meadows
so emergency vehicles could
respond.
F.S. seeks input on
special-use permits
The Sisters Ranger
District is seeking public
input regarding a project
proposal to renew several
existing special-use permits
throughout the district.
Examples of existing spe-
cial-use permits include road
access, power lines, irrigation
lines, recreation residences,
recreation events, and out-
fitter and guides. Permits
are generally authorized for
a term between one and 20
years, depending on the use.
At the time of expiration,
a special-use permit with a
new term must be reissued if
the permit holder wishes to
continue the use. The deci-
sion to reissue an existing
permit varies on a case-by-
case basis, and is usually
issued if there is still a need
for the permit and the holder
is in compliance with Forest
Service regulations.
There are 10 expired
permits that need to be reis-
sued for 2017. None of the
uses will have changes on
the ground or to existing
operations.
Permits include usage of a
City of Sisters dam and sewer
lines, the Camp Sherman
Store and a variety of irriga-
tion and water transmission
permits.
Information on permits
may be obtained by submit-
ting questions or comments to
this project. Submit your writ-
ten comments by February
20, so they can be considered
in the analysis, to S. Mike
Bishop, Admin Support/
Special Use Assistant, P.O.
Box 249, Sisters, OR 97759;
Telephone (541) 549-7737;
FAX (541) 549-7746. Email
comments should be sent to:
comments-pacificnorthwest-
deschutes-sisters@fs.fed.
us. Those submitting hand-
delivered comments may do
so during the regular office
hours of 8 a.m. to 4:30 p.m.
Monday through Friday
except legal holidays.