Book contents
- The Cambridge Handbook of Intellectual Property and Social Justice
- The Cambridge Handbook of Intellectual Property and Social Justice
- Copyright page
- Dedication
- Contents
- About the Contributors
- Foreword
- Prolusion: What Is Intellectual Property (And Why Should You Care About It Anyway?) – A Layperson’s Guide to Intellectual Property Law
- Introduction: Intellectual Property Social Justice Theory: History, Development, and Description
- Part I IP Social Justice Foundations
- 1 Mapping the Intellectual Property/Social Justice Frontier
- 2 The Indians Who Were Not Heard and the Band That Must Not Be Named: Racial Formation and Social Justice in Intellectual Property Law
- 3 Intellectual Property Social Justice: A Theoretical Rationale
- Part II IP Social Justice in Major Intellectual Property Domains
- Part III IP Social Justice: Historical Perspectives
- Part IV IP Social Justice in the Political Economy: Engaging Activism; Achieving Change
- Part V IP Social Justice in the Information Age
- Part VI Intellectual Property Social Justice in Global Perspective: Issues in Gender and Development Disparity
- Part VII IP Social Justice: The Future of the Global IP Ecosystem
2 - The Indians Who Were Not Heard and the Band That Must Not Be Named: Racial Formation and Social Justice in Intellectual Property Law
from Part I - IP Social Justice Foundations
Published online by Cambridge University Press: 04 January 2024
- The Cambridge Handbook of Intellectual Property and Social Justice
- The Cambridge Handbook of Intellectual Property and Social Justice
- Copyright page
- Dedication
- Contents
- About the Contributors
- Foreword
- Prolusion: What Is Intellectual Property (And Why Should You Care About It Anyway?) – A Layperson’s Guide to Intellectual Property Law
- Introduction: Intellectual Property Social Justice Theory: History, Development, and Description
- Part I IP Social Justice Foundations
- 1 Mapping the Intellectual Property/Social Justice Frontier
- 2 The Indians Who Were Not Heard and the Band That Must Not Be Named: Racial Formation and Social Justice in Intellectual Property Law
- 3 Intellectual Property Social Justice: A Theoretical Rationale
- Part II IP Social Justice in Major Intellectual Property Domains
- Part III IP Social Justice: Historical Perspectives
- Part IV IP Social Justice in the Political Economy: Engaging Activism; Achieving Change
- Part V IP Social Justice in the Information Age
- Part VI Intellectual Property Social Justice in Global Perspective: Issues in Gender and Development Disparity
- Part VII IP Social Justice: The Future of the Global IP Ecosystem
Summary
On January 11, 2017, The Slants™ released “The Band Who Must Not Be Named,” describing it as a “special EP that commemorates the band’s defining moment: appearing at the Supreme Court of the United States.”2 This release preceded by one week the oral argument in their facial First Amendment3 challenge to a provision in the Lanham Act that had permitted the government to reject or cancel federal registration of disparaging trademarks.4 The Trademark Trial and Appeal Board (TTAB) had upheld the denial of the band’s application to register the band’s name as its trademark on the federal register, deciding that the mark was racially disparaging.5 The Court of Appeals for the Federal Circuit initially affirmed but later vacated the denial of registration, through an en banc decision.6
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- Publisher: Cambridge University PressPrint publication year: 2024