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... This can't go well down the road...
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... This can't go well down the road...
I think the idea is that trademark registration is the process to make trademarks efficient - if there's ever a dispute about which was first, you go to registration. But it's just a registry, the government isn't endorsing the mark in anyway. Having the PTO figure out what is disparaging and what isn't doesn't seem appropriate in that context. It is bound to lead to its own controversies, and that isn't the purpose of the registry.
That's the idea. Perhaps there's room for criticism. Note that the Court was effectively unanimous (no dissenters).
I don't like the ruling. It doesn't just say this case did not cross the line, it seems to say there is no line. The KKK can trademark things involving the N word now, nazis can trademark holocaust nostalgia, radical islamic terrorists can trademark slogans for wiping out infidels. Between this and the dogfighting and animal crushing case where they said it was ok to depict illegal activity as free speech if you did not do the activity yourself, basically terrorists could trademark a name and release a line of terrorist highlight videos.