I've been casually following this case through the Likelihood of Confusion blog and I don't understand why equal protection isn't part of the appeal. If the band were British or African or Israeli, no one would bat an eyelash at The Slants. But because they are Asian, it is rejected on grounds of offensiveness. So the source of the objection here is not the name of the band, but the racial make-up of the band. Which is, obviously, bias and discrimination.
I've been casually following this case through the Likelihood of Confusion blog and I don't understand why equal protection isn't part of the appeal. If the band were British or African or Israeli, no one would bat an eyelash at The Slants. But because they are Asian, it is rejected on grounds of offensiveness. So the source of the objection here is not the name of the band, but the racial make-up of the band. Which is, obviously, bias and discrimination.
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