Articles by "The Slants"
Twitter Facebook


The Slants have been in court for nearly eight years, battling their right to claim their trademark of their namesake. Which in fact, they won, going on to promote their victory, in the form of a tour, playing showcases here and there, as well as write and record for a release titled "The Band Who Must Not Be Named", an EP of sorts, detailing their journey unlike any other. Founder/bassist Simon Tam that on stage goes by the name Simon Young, goes into discussion about their court battle, EP and plans to release more music and tour, tour, tour!


1. How did your band form?

Simon: The band formed in 2006, after realizing that there was a severe lack of representation of Asian Americans in the music industry.

2. What accomplishments are you most and least proud of as a band?

Simon: Some of the things were most proud of include: donating 100% of profits from our second album to research on disparate rates of cancer being faced by women of color, working with President Barack Obama on the Act to Change campaign to end bullying, playing for troops serving overseas through the Department of Defense, and winning a rare, unanimous victory at the Supreme Court to expand free speech rights for the marginalized.

3. How has being in a band impacted your life?

Simon: Being in this band has been inspiring, frustrating, and humbling. We've had some unbelievable life experiences touring around the world while making music but that's also come at a cost of a "normal" and "settled" life of consistency. That being said, it's allowed us to see places and meet people we probably would have never encountered otherwise.

4. How do you describe your sound to people who ask you what your band sounds like?

Simon: We call it Chinatown Dance Rock - a modern twist on 80's synth pop music.

5. Do you have any major goals for your band?

Simon: We're hoping to release more records and play more shows while we still got it!

6. Who are some of your biggest influences music wise?

Simon: Some of our influences include New Order, Depeche Mode, The Cure, The Cars, and Duran Duran.

7. How about when it comes to the song writing, what are your songs about and how is the song writing process laid out?

Simon: Our songs capture a variety of personal life experiences - from relationships to social commentary on what is happening to our country - all told from a unique perspective or 'slant' from being an Asian American.

8. You have released a handful of singles off this EP, will there be anymore tracks to be made into singles and or videos?

Simon: Yep! Our plan is release a video for every song from the EP.

9. Why go with a title like "The Band Who Must Not Be Named"? What does it actually mean for the EP's sake?

Simon: The title is a reference to our battle with the government, playing off the idea that "The Slants" is somehow cursed or toxic. t's also a bit of a nod to Voldemort, though it isn't like we want to end all human life.

10. Can you describe to me the story behind the artwork for "The Band Who Must Not Be Named"?

Simon: The artwork was created by Daniel Soucy, a Native American graphic designer in Portland, OR. The imagery was inspired by Senbazuru, the Japanese legend of folding 1000 paper cranes, and the power of origami. Origami is more than just folding squares of paper: it requires intention, perspective, and different perspectives to bring objects to life. The same is for our path to justice. We can't always just go with what is obvious or convenient.

11. Which of the tracks off this EP "The Band Who Must Not Be Named" would you say is your favorite and why?

Simon: Our favorite track is "From the Heart" because it is like an anthem for anyone that has felt misunderstood, misunderstood, or invisible. There's a fund sing-along quality to it. It's also our final statement on our Supreme Court case.

12. What's your take on "The Band Who Must Not Be Named" EP as a whole?

Simon: The EP represents a good preview of where the band is heading while paying homage to what the band was and the court case that defined our career for so long.

13. What would be the cinematic equivalent of "The Band Who Must Not Be Named" EP?

Simon: Harry Potter and the Sorcerer's Stone.

14. Is it important for you to paint visual pictures with the songs off this EP?

Simon: Yes, absolutely. Every song has a story behind it that we visualized while writing the lyrics.

15. Do you feel any aspects of the EP were overlooked?

Simon: Yes; the acoustic version of "Sutures" has a deeply personal story behind it of losing an extremely close relationship. In some ways, it's a stripped down preview version of something that will be fully realized on the next album.

16. Describe your relationship with your fans in one word?

Simon: Co-dependent.

17. What’s in the future for The Slants?

Simon: More music, more touring.

18. Is there anything else you’d like to add?

Simon: Thanks for the support!
10:17 AM
Twitter Facebook


Last Monday, April 20th, a Federal Circuit panel upheld the U.S. Patent and Trademark Office’s denial of a trademark registration for Portland, Oregon-based Asian-American dance-rock band, The Slants, because it is offensive to people of Asian descent.  Following the three-person panel’s decision, The U.S. Court of Appeals for the Federal Circuit said it was issuing a Sua Sponte order, vacating the panel’s decision to uphold the U.S. Patent and Trademark Office’s refusal to trademark the band’s name.

This decision reinstated The Slants’ original appeal, and The U.S. Court of Appeals of the Federal Circuit will now hear the case en banc (in front of all the judges, not a select panel) regarding the constitutionality of the Trademark Office's decision.

Comprised of Simon Young (bass), Tyler Chen (drums), Will Moore (lead guitar), Thai Dao (guitar/keys), and Ken Shima (vocals), the quintet has tried for years to trademark “The Slants,” but has been rejected twice by the U.S. Patent and Trademark Office.

Band founder and leader Simon Tam (who’s stage name is Simon Young) formally applied for a trademark in 2010, but a trademark examiner rejected the application, saying that a substantial portion of the Asian-American community would be offended.  Tam tried again in 2011, dropping the “reclaiming a stereotype” position and arguing that there is nothing inherently racist about the word "slants."  The same trademark examiner again rejected the application.

“I consider the name a point of cultural pride,” he continues.  “One of the first things people say is that we have slanted eyes.  I thought, ‘What a great way to reclaim that stereotype and take ownership of it,’ and, in doing so, take away the power from those who try to use it as a term of hate.  Our band uses our name to refer to our perspectives and experiences in life as people of color.  It's our "slant," if you will - and we choose to empower others that way.”

Following the U.S. Patent and Trademark Office’s decision, The Slants’ took their case to the U.S. appeals court, which ruled last Monday that The Slants’ couldn’t trademark their name, because it is disparaging.

“I'm deeply disappointed, but not entirely surprised,” said Tam regarding the decision.  “We've been fighting this battle for nearly six years and I knew that this wouldn't be easy.  However, I think it is terrible that the Trademark Office can easily dismiss the opinions of Asian Americans on the issues without actually talking to anyone in our community.”

Judge Kimberly Moore also wrote an unprecedented twenty-three page separate opinion entitled "Additional Views," which questions the constitutionality of Section 2(a) of the Lanham Act, the law which has been used to justify the denial of The Slants' registration.  She states, "Trademarks - which are applied to private goods to identify the source of the goods for consumers - are private speech, not ‘government speech.’” And while she continues to affirm that The Slants can still keep the band name, they have to do so without the substantive benefits of a trademark registration

“Not only do they frame our very quotes out of context, but they persist in using misinformation,” explains Tam.  “For example, they incorrectly state that a band performance at an Asian American conference was cancelled due to controversy over our name.  However, in 2010, a signed declaration was provided by a member of the steering committee, the organization in question, who stated, they ‘would not be able to accommodate The Slants’ performance logistically due to a limited budget.  The decision was not in any way based on the band’s name.’  Furthermore, the band's name was printed in the program with no complaints by the community - and the band performed in subsequent years without any issues.  Despite this, the Trademark Office continued deliberately use the false information in numerous rejections and even in the oral arguments presented before the Federal Circuit in 2015.”

“The Trademark Office and Federal Circuit continues to misreport that the Japanese American Citizens Alliance also has issues with the name by using an outdated brochure, despite receiving signed letters of support from prominent members and vocal support through Pacific Citizen, the organization's national publication,” he continues.  “They write, ‘In the past, the word slant is considered an outdated term to the band and other community members.  The long-held racial slur against Asian Americans is now a source of empowerment and change.’”

Since 2007, The Slants have performed at over seven hundred events across North America, including headlining appearances at Asian American festivals and conferences in dozens of states, without a single formal complaint.  Additionally, the band has raised over $1,000,000.00 (one million dollars) for charitable organizations, used their influence to help increase voting rates in the Asian Pacific Islander community, and leads workshops on Asian American issues across the country.

Furthermore, Tam has been the keynote presenter at numerous Asian American social justice conventions.  He has also delivered several TED talks discussing the social justice and activism.  Both Tam and the band has received numerous accolades for their antiracism work.

"The recent decision seems to be politically driven, with no actual consideration of the context of how is used,” comments Tam.  “The Trademark Office inappropriately used my race when making their decision, they cherry-picked definitions in racial slur databases instead of using contemporary dictionaries, and they misquoted me as well as multiple Asian American organizations that have proudly supported us for nearly a decade now.  They should be held accountable for these actions.  One thing is clear: we will not back down.  This is much bigger than our band.  It's about the principle.  This is about doing what is right - not just for us, but for all marginalized communities who have faced administrative battles cause by a lack of cultural competency."

The Federal Court’s decision to issue a Sua Sponte order vacating the panel’s decision is historical because this Court of Appeals almost never revisits issues by its own doing (sua sponte).  Usually, rehearing en banc has to be filed by a party (and even then, it is rarely granted).  Finally, the court rarely discusses constitutional issues (they usually focus on procedural ones), so this is incredibly rare.

Twelve judges will now decide whether Section 2(a) of the Lanham Act is constitutional or not, and if the Trademark Office’s denial for a trademark was constitutional, linking The Slants’ case directly with the First Amendment of the Constitution.

CNN, NBC News, and Reuters have all recently picked up the story:

http://www.cnn.com/2015/04/23/opinions/randazza-slants-ruling

http://www.nbcnews.com/news/asian-america/could-slants-trademark-suit-affect-nfls-redskins-flap-n349586

http://www.reuters.com/article/2015/04/27/ip-slants-trademark-ruling-idUSL1N0XO2RZ20150427
11:55 AM
Twitter Facebook


Portland, Oregon-based Asian-American rock band, dubbed “Chinatown dance-rock,” The Slants are taking their trademark battle to federal court.  Comprised of Simon Young (bass), Tyler Chen (drums), Will Moore (lead guitar), Thai Dao (guitar/keys), and Ken Shima (vocals), the quintet has tried for years to trademark “The Slants,” but has been rejected twice by the U.S. Patent and Trademark Office.

Band founder and leader Simon Tam (who’s stage name is Simon Young) formally applied for a trademark in 2010, but a trademark examiner rejected the application, saying that a substantial portion of the Asian-American community would be offended.  Tam tried again in 2011, dropping the “reclaiming a stereotype” position and arguing that there is nothing inherently racist about the word "slants."  The same trademark examiner again rejected the application.

“I consider the name a point of cultural pride,” he continues.  “One of the first things people say is that we have slanted eyes.  I thought, ‘What a great way to reclaim that stereotype and take ownership of it,’ and, in doing so, take away the power from those who try to use it as a term of hate.  Our band uses our name to refer to our perspectives and experiences in life as people of color.  It's our "slant," if you will - and we choose to empower others that way.”

On Friday, The Slants’ attorney argued to the U.S. Court of Appeals for the Federal Circuit that the Trademark Trial and Appeal Board lacks the constitutional authority to decide whether a mark is "disparaging" or "scandalous" and therefore unworthy of registration.  Furthermore, he argued that the U.S. Trademark Office denied Tam due process when it copy and pasted old arguments and evidence from the band's first abandoned application into the second.

Tam, who is also a public speaker on issues of race, has done three TED Talks on issues of racism, the power of language, as well as the trademark problems his band is facing.  He is also currently booked to deliver keynote speeches and featured presentations at Stanford University, University of Indiana, and Portland State University.  His TED Talks can be viewed at:

“Give Racism a Chance: Simon Tam at TEDxSpokane” (with specific references to Ferguson, black-white relations, and The Slants’ trademark): https://www.youtube.com/watch?v=J0ruIuwb8vw

“A new slant on racism: Simon Tam at TEDxUofW” (dealing with systematic racism) - https://www.youtube.com/watch?v=SLmNLWqSl8Y

“Your life has a word count limit - Make every word count | Simon Tam | TEDxSalem” (on the power of language) - https://www.youtube.com/watch?v=rxVScODgtk0

“In the wake of Ferguson, Eric Garner being choked to death by a police officer, and other cases of racial discrimination surfacing daily, inequality based on racial lines had never seemed more prominent.  Yet despite the unrest, it seems that people would rather ignore the racial climate or the larger system of inequality that most people go through,” says Tam, discussing his latest TED Talk.  “I first thought of the title for my talk, ‘Give Racism a Chance,’ when I got into a heated argument with a longtime friend.  He argued that racism was a thing of the past, that ours was a country of equal opportunity even though he knew that our band's trademark was being denied because of my ethnicity.  Like climate change or other major issues facing our world, I wanted to spell it out: we shouldn't be wasting time arguing about whether racism exists or not.  It does - we need to use our time to focus on actually addressing inequality.  But most people don't respond to the raw statistics, so I decided to combine the bigger picture with a few personal stories.”

The band’s latest album, The Yellow Album, furthers their quest for ethnic pride and awareness.  The juxtaposition of a tongue-in-cheek album title and some deeply serious songs reflect a band who can still embrace pain and hurt with a punk rock swagger.

“[Our battle with the trademark office] has made international headlines, especially as people try to understand why the Trademark Office would make such a big deal of it despite issuing out trademark registrations to groups like N.W.A, Queer Eye for the Straight Guy, or hundreds of other (non-Asian) trademarks for the term ‘slant,’” says Tam.  “The actions of the trademark office were clearly racist - but they continue to defend their decision because they forgot what racism actually means.  For marginalized communities, such as Asian Americans, reappropriation can be a powerful tool to fight systemic racism and that's what The Slants is doing with our name.”

Previously, the U.S. Justice Department announced that it will defend the constitutionality of Section 2(a) of the Lanham Act against similar claims being pursued by the Washington Redskins in district court.  Both cases come amid the backdrop of a U.S. Supreme Court that has taken an increasingly hard line on viewpoint discrimination.  Just last month the high court decided to review whether the government can withhold vanity license plates on the ground of their offensive character.

During Friday’s arguments, Judge Kimberly Moore described the seminal decision upholding Section 2(a) of the Lanham Act as outdated, cursory and a candidate for en banc review in light of "an immense evolution of Supreme Court jurisprudence on this point."

Tam has spent more than $10,000 in legal fees.  The lawyers are arguing his case pro bono, but he still can't afford the court fees his latest appeal will add.  As such, Tam has set up a GoFundMe account to help with the court fees: www.gofundme.com/g0olao

The government regulator told Tam to drop the case, stating that the band can still call itself The Slants, even without a trademark.  But, Tam says, “To me that's like saying you can still ride the bus, you've just got to sit in the back.  You can have the name, but have fewer rights than anyone else.  That only made me want to fight even harder.”

A decision from the Federal Court should arrive by April (six to eight weeks).  Depending on the outcome, the case may advance to the Supreme Court.

NBC News and Reuters have both recently picked up the story:

http://www.nbcnews.com/news/asian-america/slants-back-court-over-band-name-trademark-battle-n282221

http://www.reuters.com/article/2015/01/09/us-music-slants-trademark-idUSKBN0KI1XP20150109
11:29 AM

Contact Form

Name

Email *

Message *

Powered by Blogger.
Javascript DisablePlease Enable Javascript To See All Widget