Endorsement, old gods, and new age

[David Guinn]

This discussion has, for obvious reasons, focused upon the endorsement test
as a kind of advocacy for or against religion.  I wonder if there isn't
another way of looking at this drawn from a trademark perspective - that of
dilution.

Native Americans have suffered from religious harm not just because their
practices have been restricted or proscribed (e.g. Lying, Lemon, etc.) but
also because their symbols have been misappropriated and denigrated.  While
the FA cannot reach private actions such as naming products Winnebago or
creating mocking sports team mascots, surely state action that
"desacralizes" a sacred symbol or figure should be prohibited.

I acknowledge that the Supremes don't see it this way.  They endorse this
type of desecration.  But I think they're wrong.

David

David E. Guinn, JD, PhD
The Park Ridge Center
211 E. Ontario Street, Suite 800
Chicago, IL 60611
(312) 266-2222  ext. 244
email: deg at prchfe.org
web page:  www.prchfe.org
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