THE REDSKINS and THE SLANTS: A Review of the Causes, the Cases, and How the First Amendment Is Likely to Impact Trademark Registrations Going Forward

Recorded On: 05/21/2018

Pre-recorded at INTA's 2018 Annual Meeting. 

The audience will first hear from the advocates, Simon Tam and Amanda Blackhorse, who will discuss the social causes each was looking to advance.

  • Lawyer Stephen Baird will then discuss the origins of his Ladas Memorial award-winning article “Moral Intervention in the Trademark Arena: Banning the Registration of Scandalous and Immoral Trademarks,” 83 Trademark Rep.. 661, 788 (1993), which provided a roadmap for cancelling the REDSKINS marks. Steve will then discuss his work with Suzan Harjo against the Washington State football team which, in turn, paved the way for Amanda Blackhorse’s efforts.
  • Simon Tam’s lawyer, Joel MacMull, will then discuss Simon’s case, how it differed from the Redskins’ case, and how the matter culminated with a unanimous Supreme Court victory last term.

Finally, the panel will discuss how, if at all, the Supreme Court’s decision in Tam may impact trademark law and branding in the future.

Joel MacMull (Moderator)

Mandelbaum Salsburg (United States)

Stephen Baird

Winthrop & Weinstine, P.A. (United States)

Amanda Blackhorse

Social Worker and Activist (United States)

Simon Tam

The Slants (United States)


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