The Legal Show Can a Racist Insult be Reclaimed?

Attorney Sarah Avraham and writer Bennet Pomerantz discuss the subjects of the day.
The audience should know that although Ms. Avraham is a licensed attorney, she is not offering legal advice in any capacity, is not establishing an attorney/client relationship with anyone listening to the show, and recommends that any listener of the show consult a local attorney for any legal advice they may require.
 
This show is about us discussing hot topics and how they relate to the law.
 
In late 2009, Simon Tam’s Portland-based dance-rock band was doing well — going on tours, getting press. It was at that time they decided to file a trademark application for their name: the Slants.  Tam’s application was rejected due to Section 2(a) of the Lanham Act.  Tam eventually took his case to the Supreme Court.  What happened in Tam’s case?  Was he allowed to keep the name he wanted?  What are the intellectual property ramifications of Tam’s case?  Tune in to hear the hosts debate intellectual property law once more in regards to an alleged “offensive” name.