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A Substantial Interest: Why the Government is Legally Justified in Prohibiting Disparaging Trademarks

Imagine sitting down on a Sunday afternoon with friends and family to watch your local football team play in “the big game.” Now picture the team being cheered on by several thousand fans. It seems like an idyllic Sunday afternoon. The only problem is that this team is named after a popular slur used to identify your racial or ethnic group. This slur is broadcast over television, the Internet, and in homes all across the country. This hypothetical is a reality for Native Americans today.