Activist blogger Pamela Geller decries the decision against her proposed trademark as “unconstitutional.”
A federal appeals court is letting stand a decision denying a trademark to a website’s banner because it could be perceived as disparaging to Muslims.
The US Court of Appeals for the Federal Circuit upheld a 2011 decision from the US Patent and Trademark Office against “Stop Islamization of America”—a decision raising constitutional concerns.
It wasn’t the first time trademark regulators enforced a little-referenced section of law that allowed them to refuse issuing a trademark if it disparages the “living or dead” or institutions, beliefs, or national symbols or places them in “contempt, or disrepute.”
I don’t see how this could possibly be constitutional. Eugene Volokh agrees with me. I hope that Geller and Spenser have the means to push this high enough to get it overturned.
Why does every organ of the Regulatory State seem to operate as a tyranny?
Check out my new bestseller, Lightning Fall: A Novel of Disaster. Glenn Reynolds at Instapundit.com says: “Bill Quick has authored a terrific thriller that is also an all too plausible warning. Highly recommended!” Available in Kindle e-book or trade paperback formats.