D**s 发帖数: 6361 | 1 【 以下文字转载自 USANews 讨论区 】
发信人: brihand (brihand), 信区: USANews
标 题: 左派大法官疯了
发信站: BBS 未名空间站 (Wed Jan 18 13:54:46 2017, 美东)
Sotomayor on trademarks: 'Trump is a thief'
With two days until the inauguration, Donald Trump is everywhere—even in
the middle of Supreme Court arguments.
Justice Sonia Sotomayor used the president-elect in a hypothetical Wednesday
while weighing whether free speech protections extend to trademark names
that are disparaging.
She asked if “Trump is a thief” could be a protected trademark.
“But your argument earlier was that if someone slanders or libels an
individual by saying, Trump—before he was a public figure—‘Trump is a
thief’ and that becomes their trademark, that even if they go to court and
prove that that's a libel or a slander, that trademark would still exist and
would be capable of use because otherwise canceling it would be an
abridgment of the First Amendment?” Sotomayor asked attorney John Connell.
“I believe that’s correct,” Connell said.
Sotomayor's remarks came in a case about an Asian-American rock band that’s
been battling the Patent and Trademark Office since 2011 to register its
name, “The Slants.” |
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