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Disparagement
Disparagement, in United States trademark law, was a statutory cause of action which permitted 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 identifi ...
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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 Cal ...
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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, a ...
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Dykes On Bikes
Dykes on Bikes (DOB) is a chartered lesbian motorcycle club with 22 chapters, numerous affiliations, and 501(c)(3) nonprofit status. They are known for their participation in gay pride events such as pride parades, and significant LGBTQ+ events like the international Gay Games. The loud bikes and presence remain at the front of the parade for security and logistical reasons, and a celebrated place of honor today as a symbol of LGBTQ pride, defiance, liberation and empowerment. The contingents are fiercely independent and self-reliant in the DIY and feminist traditions and have been studied as a social phenomenon as a "complex, multilayered form of consumption-related cultural resistance that raises awareness of social injustice and discursively informs social meanings in everyday life outside the festivals." Along with drag queens, the DOB have been criticized for not portraying a more acceptable image of LGBTQ culture. Supporters, however, counter that they are highly visib ...
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Muslim
Muslims () 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 last Islamic prophet. Alongside the Quran, Muslims also believe in previous Islamic holy books, revelations, such as the Tawrat (Torah), the Zabur (Psalms), and the Injeel (Gospel). These earlier revelations are associated with Judaism and Christianity, which are regarded by Muslims as earlier versions of Islam. The majority of Muslims also follow the teachings and practices attributed to Muhammad (''sunnah'') as recorded in traditional accounts (hadith). With an estimated population of almost 2 billion followers, Muslims comprise around 26% of the world's total population. In descending order, the percentage of people who identify as Muslims on each ...
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Term Of Disparagement
A pejorative word, phrase, slur, or derogatory term is a word or grammatical form expressing a negative or 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 ', meaning "to make worse", from ' "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 sin ...
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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 ...
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Soviet Union
The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet Union, it dissolved in 1991. During its existence, it was the list of countries and dependencies by area, largest country by area, extending across Time in Russia, eleven time zones and sharing Geography of the Soviet Union#Borders and neighbors, borders with twelve countries, and the List of countries and dependencies by population, third-most populous country. An overall successor to the Russian Empire, it was nominally organized as a federal union of Republics of the Soviet Union, national republics, the largest and most populous of which was the Russian SFSR. In practice, Government of the Soviet Union, its government and Economy of the Soviet Union, economy were Soviet-type economic planning, highly centralized. As a one-party state go ...
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Hammer And Sickle
The hammer and sickle (Unicode: ) is a communist symbol representing proletarian solidarity between industrial and agricultural 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 (USSR) and for international proletarian unity. It was taken up by many communist movements around the world, some with local variations. The hammer and sickle remains commonplace in self-declared socialist states, such as China, Cuba, North Korea, Laos, and Vietnam, but also some former Soviet republics following the dissolution of the Soviet Union, such as Belarus and Russia. Some countries have imposed bans on communist symbols, where the display of the hammer and sickle is prohibited. History Worker symbolis ...
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Cigarette
A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into Rolling paper, 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 joint (cannabis), cannabis cigarette or a herbal cigarette. A cigarette is distinguished from a cigar by its usually smaller size, use of processed leaf, different smoking method, and paper wrapping, which is typically white. There are significant negative health effects from smoking cigarettes such as cancer, chronic obstructive pulmonary disease (COPD), cardiovascular disease, heart disease, birth defects, and other Health effects of tobacco, health problems relating to nearly every organ of the body. Most ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Gautama Buddha
Siddhartha Gautama, most commonly referred to as the Buddha (),* * * was a śramaṇa, wandering ascetic and religious teacher who lived in South Asia during the 6th or 5th century BCE and founded Buddhism. According to Buddhist legends, he was born in Lumbini, in what is now Nepal, to royal parents of the Shakya clan, but Great Renunciation, renounced his Householder (Buddhism), home life to live as a wandering ascetic. After leading a life of mendicancy, asceticism, and meditation, he attained Nirvana (Buddhism), nirvana at Bodh Gaya, Bodh Gayā in what is now India. The Buddha then wandered through the lower Indo-Gangetic Plain, teaching and building a Sangha, monastic order. Buddhist tradition holds he died in Kushinagar and reached ''parinirvana'' ("final release from conditioned existence"). According to Buddhist tradition, the Buddha taught a Middle Way between sensual indulgence and severe asceticism, leading to Vimutti, freedom from Avidyā (Buddhism), ignora ...
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Trademark
A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colours used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark ...
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