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July 29, 2015

Press Release: NAPABA Files Amicus Brief in Federal Circuit Case Affecting Trademark Registration of Disparaging Marks

For Immediate Release
July 28, 2015

For More Information, Contact:
Brett Schuster, Communications Manager
202-775-9555, [email protected]

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA), the South Asian Bar Association of Washington, D.C., (SABA-DC) and the Fred T. Korematsu Center for Law and Equality (Korematsu Center) jointly filed an amicus brief to support the U.S. government’s denial of trademark registration to an Asian American rock band in a case before the Federal Circuit. Amici were represented by Charanjit (Charan) Brahma, Michael Hobbs, and Daniel Sharpe at Troutman Sanders LLP.

Simon Shiao Tam applied to register a federal trademark for his band, “The Slants.” The U.S. Patent and Trademark Office denied his application based on Section 2(a) of the Lanham Act that permits it to deny registration of disparaging marks. Though Tam’s appeal was rejected by a panel of the Federal Circuit, the en banc court on its own accord vacated that decision and ordered an en banc hearing on whether Section 2(a) violates the First Amendment.

“Asian Pacific Americans are all too familiar with the harm, including violence, that often accompanies racial slurs and epithets,” said NAPABA President George C. Chen. “Although I recognize the band’s intent to reclaim a historically disparaging term, as an intellectual property attorney, I also am cognizant that changing the U.S. trademark regulations to allow the registration of ‘The Slants’ could result in the trademarking of offensive terms by individuals and groups without similarly positive intentions.”

“SABA-DC deplores the use of racial slurs and epithets, and while the particular epithet involved in this case is not one that is usually directed to our South Asian constituency, we believe slurs against any racial or ethnic group are damaging to us all,” added SABA-DC President Habib F. Ilahi. “The First Amendment protects free speech, but it does not entitle those who wish to use such derogatory terms for branding purposes to receive the stamp of government approval that comes with federal trademark registration.”

The amicus brief urges the court to recognize that federal registration of a disparaging mark implicates the government. It argues that the federal registry can be compared to county deed recording systems, under which property owners were permitted to record racially restrictive covenants. Until the 1948 case of Shelley v. Kraemer, courts enforced these private acts of discrimination. The amicus brief urges the Federal Circuit to not make the federal trademark registry a place where racism is recorded and authorized, and to not require our government to perpetuate racism.

Robert Chang, executive director of the Korematsu Center, commented, “While Mr. Tam seeks to embrace a derogatory racial term and to subvert it, a laudatory goal, a ruling against the government in this case would leave the government powerless to deny federal registration of trademarks to hate groups.”

“Troutman Sanders is pleased to be able to lend our experience in intellectual property and Federal Circuit appellate issues to aid NAPABA, SABA-DC and the Korematsu Center in this important case,” added Charan Brahma, a partner in Troutman Sanders’ Intellectual Property practice in the San Francisco office, and former president-elect of SABA-DC.

The case, In re Tam, will be heard en banc by the Federal Circuit on Oct. 2, 2015.

The amicus brief is available HERE.

Contacts: DC)
[email protected]
571-483-0074

Brett Schuster, Communications Manager (NAPABA)
[email protected]
202-775-9555

Robert S. Chang (Korematsu Center)
[email protected]
206-398-4025

August 1, 2013

NAPABA CELEBRATES CONFIRMATION OF RAYMOND T. CHEN TO THE FEDERAL CIRCUIT

National Asian Pacific American Bar Association

1612 K Street NW, Suite 1400
Washington, DC 20006

FOR IMMEDIATE RELEASE
August 1, 2013

Contact: Emily Chatterjee
(202) 775-9555

NAPABA CELEBRATES CONFIRMATION OF RAYMOND T. CHEN TO THE FEDERAL CIRCUIT

President Obama Doubles the Number of Asian Pacific American
Circuit Court Judges in History

WASHINGTON—Today, the Senate confirmed Raymond T. Chen to a seat on the U.S. Court of Appeals for the Federal Circuit by a unanimous vote. He is the first Asian Pacific American to serve on the court since Judge Shiro Kashiwa retired from the Federal Circuit in 1986.

“NAPABA celebrates Ray Chen’s nomination to the Federal Circuit, which we are proud to have supported,” said Wendy Shiba, president of the National Asian Pacific American Bar Association (NAPABA). “He has superb credentials to serve on this court, and we commend President Obama for nominating him. NAPABA also thanks Senator Mazie Hirono for her support of his nomination in the Senate.”

Since 2008, Chen has served as the Deputy General Counsel for Intellectual Property Law and Solicitor at the U.S. Patent and Trademark Office. He began his tenure at the office in 1998 as an Associate Solicitor. During his time there, he has received numerous awards for his service, including: the Gold Medal Award, U.S. Department of Commerce (2011); the Bronze Medal Award, U.S. Department of Commerce (2005); and Attorney of the Year, Office of the Solicitor. Chen previously worked as a technical assistant at the Federal Circuit from 1996 to 1998. Prior to government service, Chen worked as an associate at the law firm Knobbe, Martens, Olson & Bear from 1994 to 1996 and as a scientist at Hecker & Harriman (now Hecker Law Group) in Los Angeles. He is a graduate of the New York University School of Law and the University of California, Los Angeles.

With Chen’s confirmation, President Obama has doubled the number of Asian Pacific American circuit court judges in our nation’s history. Despite the tremendous progress made during the Obama Administration, however, Asian Pacific Americans continue to be significantly underrepresented in the federal judiciary. Only four out of over 180 federal appellate court judges in the entire nation are held by individuals with Asian Pacific American heritage. NAPABA salutes President Obama for his continued commitment to nominating well-qualified, diverse nominees to the federal judiciary.

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The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of over 40,000 attorneys and 66 state and local Asian Pacific American bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal service and non-profit attorneys, and lawyers serving at all levels of government. NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession.

February 11, 2013

NAPABA and AAJC Applaud Nomination of Raymond T. Chen

FOR IMMEDIATE RELEASE
February 7, 2013

NAPABA Contact: Emily Chatterjee (202) 775-9555
AAJC Contact: Kimberly Goulart (202) 499-7027

NAPABA AND AAJC APPLAUD NOMINATION OF
RAYMOND T. CHEN TO THE FEDERAL CIRCUIT

WASHINGTON – Today President Obama nominated Raymond T. Chen to a seat on the U.S. Court of Appeals for the Federal Circuit. If confirmed, he will be the first Asian Pacific American to serve on the Federal Circuit in over 25 years.

“Raymond Chen will be an excellent addition to the Federal Circuit and we are proud to support his nomination,” said Wendy Shiba, president of the National Asian Pacific American Bar Association (NAPABA). “His many years of experience at the U.S. Patent and Trademark Office together with his temperament and intellect make him an exceptionally well-qualified nominee for this court, and we commend President Obama for nominating him.”

Chen has served as the Deputy General Counsel for Intellectual Property Law and Solicitor at the U.S. Patent and Trademark Office since 2008. He first joined the office in 1998 as an Associate Solicitor and has received numerous awards for his service, including: the Gold Medal Award, U.S. Department of Commerce (2011); the Bronze Medal Award, U.S. Department of Commerce (2005); and Attorney of the Year, Office of the Solicitor. He previously worked as a technical assistant at the Federal Circuit from 1996 to 1998, as an associate at the law firm Knobbe, Martens, Olson & Bear from 1994 to 1996, and as a scientist at Hecker & Harriman (now Hecker Law Group) in Los Angeles. Chen is a graduate of the New York University School of Law and the University of California, Los Angeles.

“I have no doubt that Raymond Chen will make an outstanding judge. We applaud President Obama for nominating him,” said Mee Moua, president and executive director of the Asian American Justice Center (AAJC), member of the Asian American Center for Advancing Justice. “As an Asian American engineer, career civil servant, and top-notch lawyer, he will make a meaningful contribution to the diversity of the Federal Circuit.”

Asian Pacific Americans continue to be significantly underrepresented in the federal judiciary. Today only 2 out of over 180 federal appellate court judges in the entire nation are of Asian Pacific American heritage. NAPABA and AAJC thank President Obama for his continued commitment to nominating well-qualified, diverse nominees to the federal judiciary. Chen is the fifth Asian Pacific American that President Obama has nominated to the appellate courts.