Supreme Court Strikes Down Law Banning “Offensive” trademarks

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The Supreme Court ruled today that the government can’t refuse to register trademarks based on the names, slogans or marks that it considers offensive, disparaging or which brings “any persons, living or dead,” into “contempt” or “disrepute.”

That prohibition was part of a 71-year-old law which had gone largely unnoticed outside of intellectual property circles for decades but which gained recent currency in the sports world after the U.S. Patent and Trademark Office (PTO) stripped the Washington Redskins of trademark protection on the basis of “Redskins” being deemed racially offensive. That ruling was put on hold — and the Redskins held on to their trademarks — while the case that was decided by the Supreme Court today was argued. The decision was not made on the merits of “Redskins” — it was about a band with Asian-American members called “The Slants” — but the ruling negates the trademark office’s ruling on the Redskins case.

The matter was of interest to baseball in connection with the Cleveland Indians mascot/logo Chief Wahoo, which some speculated could also lose its trademark protection if challenged. As I wrote a couple of years ago, however, there was a good argument available to the Indians that Wahoo would be exempt from the law, even if it was upheld. Now it doesn’t matter of course.

Speaking as a lawyer, the PTO’s regulations and other laws which applied in this area have always seemed vague and, potentially, capricious in that it gave some relatively unaccountable bureaucrats a great deal of authority over characterizing and potentially inhibiting speech. Even if a trademark characterization only applied to a certain, small area of intellectual property law and did not ban the use of certain names — the Redskins could still use that name, just not protect it via copyright law — the repercussions of such a ruling could outweigh the purpose of the ruling and have a chilling effect.

Speaking as someone who is not a fan of the name “Redskins” or Chief Wahoo, I’ve never favored regulations, laws, court rulings or government action of any kind as a means of getting rid of them.  I’ve written about this extensively. The Washington Redskins and the Cleveland Indians are private corporations. They, like any other private citizens, should be allowed by law to be as offensive as they want to be. The way to get them to cease doing so is via argument, persuasion and popular opinion from fans and citizens, directed at either the clubs themselves or the leagues in which they play. Leagues which do, in fact, have some power over how their clubs present themselves.

Either way, the work of eradicating offensive names and logos from sports teams should not be done by the government, which should have more important things to do. It should be done by the teams themselves, after they come to their damn senses that naming yourself after a racial slur or identifying yourself by a racial caricature is a dumb, mean and hateful thing to do.

Texas Rangers ink free-agent ace Jacob deGrom to 5-year deal

Jacob deGrom
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ARLINGTON, Texas — Jacob deGrom is headed to the free-spending Texas Rangers, who believe the health risk is worth the potential reward in trying to end a six-year run of losing.

The two-time Cy Young Award winner agreed to a $185 million, five-year contract Friday, leaving the New York Mets after nine seasons – the past two shortened substantially by injuries.

“We acknowledge the risk, but we also acknowledge that in order to get great players, there is a risk and a cost associated with that,” Rangers general manager Chris Young said. “And one we feel like is worth taking with a player of Jacob’s caliber.”

Texas announced the signing after the 34-year-old deGrom passed his physical. A person with direct knowledge of the deal disclosed the financial terms to The Associated Press. The person spoke on condition of anonymity because the club did not announce those details.

The Rangers were also big spenders in free agency last offseason, signing shortstop Corey Seager ($325 million, 10 years) and second baseman Marcus Semien ($175 million, seven years).

The team said deGrom will be introduced in a news conference at Globe Life Field next week following the winter meetings in San Diego.

“It fits in so many ways in terms of what we need,” Young said. “He’s a tremendous person. I have a number of close friends and teammates who played with Jacob and love him. I think he’s going to be just a perfect fit for our clubhouse and our fans.”

Texas had modest expectations after adding Seager, Semien and starter Jon Gray ($56 million, four years) last offseason but still fell short of them.

The Rangers went 68-94, firing manager Chris Woodward during the season, and then hired Bruce Bochy, a three-time World Series champion with San Francisco. Texas’ six straight losing seasons are its worst skid since the franchise moved from Washington in 1972.

Rangers owner Ray Davis said the club wouldn’t hesitate to keep adding payroll. Including the $19.65 million qualifying offer accepted by Martin Perez, the team’s best pitcher last season, the Rangers have spent nearly $761 million in free agency over the past year.

“I hate losing, but I think there’s one person in our organization who hates losing worse than me, and I think it’s Ray Davis,” Young said. “He’s tired of losing. I’m tired of losing. Our organization is tired of losing.”

After making his first start in early August last season, deGrom went 5-4 with a 3.08 ERA in 11 outings. He helped the Mets reach the playoffs, then passed up a $30.5 million salary for 2023 and opted out of his contract to become a free agent for the first time.

That ended his deal with the Mets at $107 million over four years, and deGrom rejected their $19.65 million qualifying offer in November. New York will receive draft-pick compensation for losing him.

The fan favorite becomes the latest in a long line of ace pitchers to leave the Mets for one reason or another, including Nolan Ryan, Tom Seaver, Dwight Gooden and David Cone.

The Rangers visit Citi Field from Aug. 28-30.

When healthy, deGrom is perhaps baseball’s most dominant pitcher. His 2.52 career ERA ranks third in the expansion era (since 1961) behind Los Angeles Dodgers lefty Clayton Kershaw (2.48) and Hall of Famer Sandy Koufax (2.19) among those with at least 200 starts.

The right-hander is 4-1 with a 2.90 ERA in five career postseason starts, including a win over San Diego in the wild-card round this year that extended the Mets’ season. New York was eliminated the next night.

A four-time All-Star and the 2014 NL Rookie of the Year, deGrom was a ninth-round draft pick by the Mets in 2010 out of Stetson, where he played shortstop before moving to the mound. He was slowed by Tommy John surgery early in his career and didn’t reach the majors until age 26.

Once he arrived, though, he blossomed. He helped the Mets reach the 2015 World Series and earn a 2016 playoff berth before winning consecutive NL Cy Young Awards in 2018 and 2019.

But injuries to his elbow, forearm and shoulder blade have limited him to 26 starts over the past two seasons. He compiled a career-low 1.08 ERA over 92 innings in 2021, but did not pitch after July 7 that year because of arm trouble.

DeGrom is 82-57 with 1,607 strikeouts in 1,326 innings over nine big league seasons. He gets $30 million next year, $40 million in 2024 and 2025, $38 million in 2026 and $37 million in 2027. The deal includes a conditional option for 2028 with no guaranteed money.

The addition of deGrom gives the Rangers three proven starters along with Gray and Perez, who went 12-8 with a career-best 2.89 ERA in his return to the team that signed him as a teenager out of Venezuela. Young didn’t rule out the addition of another starter.

With several holes on their starting staff, the Mets have shown interest in free agents Justin Verlander and Carlos Rodon to pair with 38-year-old Max Scherzer atop the rotation.

Now, with deGrom gone, signing one of those two could become a much bigger priority.