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Disparagement
Disparagement, in United States trademark law, was a statutory cause of action that permits a party to petition the Trademark Trial and Appeal Board (TTAB) of the Patent and Trademark Office (PTO) to cancel a trademark registration that "may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute." In 2017, the Supreme Court struck down the disparagement provision as unconstitutional in ''Matal v. Tam''. Determination The PTO used a two-step test to determine whether the likely meaning of a mark used in connection with goods and services is disparaging to a group of people: # Would the mark be understood, in its context, as referring to an identifiable group of people? # May that reference be perceived as disparaging to a substantial composite of that group? According to Trademark Manual of Examining Procedure §1203.03(b)(i), “If that meaning is found to refer to identifiable p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Simon Tam (musician)
Simon Tam (born March 30, 1981) is an American author, musician, activist, and entrepreneur. He is best known as the bassist and founder of the Asian American dance-rock band, The Slants, who won their case against the U.S. Patent & Trademark Office at the United States Supreme Court. The case, ''Matal v. Tam'', was a landmark legal battle that clarified First Amendment rights in trademark law. The court ruled unanimously in Tam's favor, holding that trademark registrations may not be rejected under the Disparagement Clause of the Lanham Act (1946) since that would be considered viewpoint discrimination; this includes, as in Tam's case, trademarks using such language filed by members of minority groups who wish to reclaim slurs that would have been previously denied. Early life and career Tam was born and raised in San Diego, California. At age 13, he started his first record label, SBG Records. He attended Grossmont College, Mt. San Jacinto College, and University of Calif ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark Dilution
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. For example, a famous trademark used by one company to refer to hair care products might be ''diluted'' if another company began using a similar mark to refer to breakfast cereals or spark plugs. Dilution is a basis of trademark infringement that applies only to famous marks. With a non-famous mark, the owner of the mark must show that the allegedly infringing use creates a likelihood of confusion as to the source of the product or service being identified by the allegedly infringing use: it is highly unlikely a likelihood of confusion will be found if the products or services are in unrelated markets. With a famous mark, any ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Muslim
Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God in Abrahamic religions, God of Abraham (or ''Allah'') as it was revealed to Muhammad, the Muhammad in Islam, main Islamic prophet. The majority of Muslims also follow the teachings and practices of Muhammad (''sunnah'') as recorded in traditional accounts (''hadith''). With an estimated population of almost 1.9 billion followers as of 2020 year estimation, Muslims comprise more than 24.9% of the world's total population. In descending order, the percentage of people who identify as Muslims on each continental landmass stands at: 45% of Islam in Africa, Africa, 25% of Islam in Asia, Asia and Islam in Oceania, Oceania (collectively), 6% of Islam in Europe, Europe, and 1% of the Islam in the Americas, Americas. Addition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Term Of Disparagement
A pejorative or slur is a word or grammatical form expressing a negative or a disrespectful connotation, a low opinion, or a lack of respect toward someone or something. It is also used to express criticism, hostility, or disregard. Sometimes, a term is regarded as pejorative in some social or ethnic groups but not in others, or may be originally pejorative but later adopt a non-pejorative sense (or vice versa) in some or all contexts. Etymology The word ''pejorative'' is derived from a Late Latin past participle stem of ''peiorare'', meaning "to make worse", from ''peior'' "worse". Pejoration and melioration In historical linguistics, the process of an inoffensive word becoming pejorative is a form of semantic drift known as pejoration. An example of pejoration is the shift in meaning of the word ''silly'' from meaning that a person was happy and fortunate to meaning that they are foolish and unsophisticated. The process of pejoration can repeat itself around a single concept, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reappropriation
In linguistics, reappropriation, reclamation, or resignification is the cultural process by which a group reclaims words or artifacts that were previously used in a way disparaging of that group. It is a specific form of a semantic change (i.e. change in a word's meaning). Linguistic reclamation can have wider implications in the fields of discourse and has been described in terms of personal or sociopolitical empowerment. Characteristics A ''reclaimed'' or ''reappropriated'' word is a word that was at one time pejorative but has been brought back into acceptable usage, usually starting within its original target, i.e. the communities that were pejoratively described by that word, and later spreading to the general populace as well. Some of the terms being reclaimed have originated as non-pejorative terms that over time became pejorative. Reclaiming them can be seen as restoring their original intent. This, however, does not apply to all such words as some were used in a der ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a Federation, federal union of Republics of the Soviet Union, fifteen national republics; in practice, both Government of the Soviet Union, its government and Economy of the Soviet Union, its economy were highly Soviet-type economic planning, centralized until its final years. It was a one-party state governed by the Communist Party of the Soviet Union, with the city of Moscow serving as its capital as well as that of its largest and most populous republic: the Russian Soviet Federative Socialist Republic, Russian SFSR. Other major cities included Saint Petersburg, Leningrad (Russian SFSR), Kyiv, Kiev (Ukrainian Soviet Socialist Republic, Ukrainian SSR), Minsk (Byelorussian Soviet Socialist Republic, Byelorussian SSR), Tas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hammer And Sickle
The hammer and sickle (Unicode: "☭") zh, s=锤子和镰刀, p=Chuízi hé liándāo or zh, s=镰刀锤子, p=Liándāo chuízi, labels=no is a symbol meant to represent proletarian solidarity, a union between agricultural and industrial workers. It was first adopted during the Russian Revolution at the end of World War I, the hammer representing workers and the sickle representing the peasants. After World War I (from which Russia withdrew in 1917) and the Russian Civil War, the hammer and sickle became more widely used as a symbol for labor within the Soviet Union and for international proletarian unity. It was taken up by many communist movements around the world, some with local variations. Following the dissolution of the Soviet Union at the end of the Cold War, the hammer and sickle remains commonplace in Russia itself and other former Soviet republics. In some other former communist countries, as well as in countries where communism is banned by law, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cigarette
A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into thin paper for smoking. The cigarette is ignited at one end, causing it to smolder; the resulting smoke is orally inhaled via the opposite end. Cigarette smoking is the most common method of tobacco consumption. The term ''cigarette'', as commonly used, refers to a tobacco cigarette, but the word is sometimes used to refer to other substances, such as a cannabis cigarette or an herbal cigarette. A cigarette is distinguished from a cigar by its usually smaller size, use of processed leaf, and paper wrapping, which is typically white. Since the 1920s, scientists and doctors have been able to link smoking with respiratory illness. Researchers have identified negative health effects from smoking cigarettes such as cancer, chronic obstructive pulmonary disease (COPD), heart disease, and other health problems relating to nearly every organ of the body. Nicotine, the psyc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based proce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lanham Act
The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. History Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6, 1947. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
