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Simple English definitions for legal terms
disparaging mark
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A quick definition of disparaging mark:
A disparaging mark is a type of trademark that is offensive or insulting to a particular group of people. Trademarks are words, logos, or symbols that companies use to identify their products and services. To be protected by law, a trademark must be unique and registered with the government. However, if a trademark is considered disparaging, it may not be protected. This means that other companies may be able to use the same or similar mark without facing legal consequences.A more thorough explanation:
A disparaging mark is a type of trademark that is considered offensive or derogatory towards a particular group of people. It is a mark that may be considered discriminatory or insulting to a certain race, ethnicity, gender, religion, or sexual orientation.
For example, the Washington Redskins football team had a trademark for their name and logo, which many Native Americans found offensive. In 2017, the Supreme Court ruled that the trademark was disparaging and therefore could not be protected under federal law.
Another example is the trademark for the brand "Chink's Steaks," which was considered a racial slur towards Asian Americans and was eventually changed to "Joe's Steaks."
Disparaging marks are not protected under trademark law and can be challenged or cancelled if they are found to be offensive or discriminatory.