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2 pages/β‰ˆ550 words
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APA
Subject:
Law
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Essay
Language:
English (U.S.)
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Topic:

Approaches to Control Immoral, Scandalous, or Disparaging Remarks

Essay Instructions:

It is a course on communication law of advertising and public relations. It must be related to the ppt. If there is something unclear in the ppt, contact me and I will send you the corresponding notes! !！

Until fairly recently, immoral, scandalous, or disparaging marks could not be protected as trademarks in the U.S. under the Lanham Act. (This was the basis for cancelling the former trademark of the Washington NFL team.) However, in cases in 2017 and 2019, the Supreme Court ruled that those provisions of the Lanham Act were unconstitutional, as it permited the United States Patent and Trademark Office (PTO) to engage in viewpoint discrimination. (You learned some of this in the Iancu v. Brunetti case.) The upshot is that after decades of people/companies being denied the opportunity to register such marks, they are now able to. (Here is an example.) Another problem was that the Lanham Act provision precluding registration of offensive marks was not applied consistently. Some marks were approved by one PTO officer and similar marks were denied by others. And of course, whether something is immoral, scandalous, or disparaging is inherently subjective. (Offensive to whom?) This may explain why some obviously offensive words and tropes were protected as trademarks. 

At the same time, there is a reckoning happening with respect to brand names. Quaker Oats is phasing out the Aunt Jemima brand, and NFL team in D.C. is now known as The Washington Football Team. In this short podcast, Prof. Rebecca Tushnet discusses disparaging trademarks in the context of social and racial injustice. Prof. Tushnet makes some interesting arguments about whether this is better handled by the government or the market. After listening to the podcast, I want to know what you think. Form an opinion on whether this should be driven by government or the market. What should the rule be about trademark protection for immoral, scandalous, or disparaging marks? 

In your response, be sure to: 

  • Incorporate material you have learned in this class through readings, asynchronous work, or live classes. 
  • Write clearly and thoughtfully
  • Support your argument. I want to know your opinion, but most important is that you’ve supported your opinion with a clear rationale.
  • Be sure to answer the key question: should the decision about what trademarks to protect be driven by the government or the free market?

Your response should be no longer than one page (two pages okay only if double spaced). If you’re not 100% clear on what I’m looking for, visit me in office hours or set up another time to meet. You’ll also want to check out the rubric (attached on this page).

https://open.spotify.com/episode/5fyY6ponjGblh5LGyy2YxJ

Essay Sample Content Preview:

Communication Law
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Communication Law
Trademark protection carries with it a broad scope of considerations, incorporation the social divergence of merchants and the general view of consumers' independence. Considering the social and racial justice on the immoral perceptions, government regulation on trademarks is better placed to regulate the independence of the various brand. Due to independence exploitation within the multiple trades, the government should define the content displayed and portrayed in the media. It is the ultimate way of curtailing the excessive use of the freedom to corrupt the trading field using powerful illusions and abnormal presentations in the market sectors.
Cases of racial injustice have erupted not once under the free-market trademark, which has led to the manipulated presentation of trades in an unrealistic manner (Acluva, 2015). Various firms have made the extent of majoring their advertisements based on racial grounds, which may prove ineffective in any given undertaking. This has eventually led to peace disruption in various states as the minority group tries to regain their trade power in the market. In having such an approach, there would be flaws and loopholes to cover when it comes to the free-market approach.
Trademark Restriction through the government will give room to allow that the contents are not racially displayed or subject to a specific group (Tushnet, 2020). Having well-defined restrictions will enable every trader to adhere to the unwavering rules and regulations, which may significantly impact the peaceful market progression (Parker, 2003). Running a free market without any defined rules will allow any unethical approach. For this reason, a diverse and faulty line of the process may be reflected on such. Although the free market may seem practical in the first approach, the long-term return may be indifferent due to no regulation governing its operation.
To maintain and respect cultural diversity, g...
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