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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - disparaging mark
Study hard, for the well is deep, and our brains are shallow.
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Definition of disparaging mark
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.
The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Simple Definition
A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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