Portland band the Slants' fight to trademark their name, Lee V. Tam, is heading to the U.S. Supreme Court.

"Nobody starts a band thinking that they'd spend almost a decade in court," Slants founder and bassist Simon Tam said over email after the news broke on Thursday. "It's a complex issue that is ripe for misunderstanding but I'm looking forward to some finality with this case."

The Asian American group has been facing off against a 1946 law preventing the trademark of racial slurs. The Slants, saying they've reclaimed the name as social commentary, argue the law is in violation of free speech.

The case will be heard in the Court's next term, which runs from Monday, Oct. 3, to June of next year.

"We are pleased that this matter will be reviewed by the Supreme Court of the United States, and look forward to the vindication of the First Amendment rights of Mr. Tam and the other members of The Slants," attorneys John Connell and Ronald Coleman said in a statement on Thursday. "We strongly believe that In re Tam raises important legal and public policy-related free speech issues that warrant the Supreme Court's affirmation."

The Slants' legal battle began after the U.S. Patent and Trademark Office turned them down--twice. But the group had a victory in a federal appeals court last year after suing.

"Many of the (trademarks) rejected as disparaging convey hurtful speech that harms members of oft-stigmatized communities," the court wrote in December. "But the First Amendment protects even hurtful speech. The government cannot refuse to register disparaging marks because it disapproves of the expressive messages conveyed by the marks."

For Tam, the intent behind the Slants' court battle has been inseparable from their music.

"Our band has always been rooted in social justice," he said. "We're just as much... activists as we are artists.

"While our communities face many different battles, we adhere to Dr. Martin Luther King Jr.'s idea that 'an injustice anywhere is a threat to justice everywhere,'" he added. "Our lineup has changed over the years, but with each new member, this mission has a stronger resolve than ever. We believe in challenging stereotypes, fighting oppression, and using music as a vehicle to do so."

The Slants' case has become unexpected national news, but it's not uncommon for Oregon legal battles to make their way to the top court in the land. Recently, one or two each year have come before the court, with opinions issued on a civil rights case, United States vs. Kwai Fun Wong in 2015; Wood v. Moss, a 2014 case lost by anti-George W. Bush protesters; and Decker v. Northwest Environmental Defense Center in 2013, a fight over permitting around logging-road storm-water runoff.

In Lee V. Tam, the case almost had a tagalong. The NFL's Washington Redskins are facing their own trademark case--in litigation for over 20 years--over a name that many Native Americans have called offensive. (The 1946 standard is "disparaging.") The team had gone so far as to support Tam's case, and asked the Court in legal filings to potentially tie the two cases together.

"I'm so tired of being associated with them," Tam previously told the Oregonian. "After years and years, they continually try to hijack our story. They're intertwined in a way, I don't deny that, but it's hard to argue about ethics and morality when the law treats this coldly, surgically, trying to distance itself from the moral and ethical thing to do."

However, the latter case didn't make the Court's slate, a relief for Tam. With his own decision on the horizon, he's also ready to return to a more ordinary life as a band.

"We're looking forward to focusing on what we do best: making music, sharing our culture, and touring," he said. "Though I imagine once it's completely done, we'll probably celebrate with a nice meal of dim sum."

Additional reporting by Lynne Palombo. This article has been revised and updated throughout.

-- David Greenwald

dgreenwald@oregonian.com

503-294-7625; @davidegreenwald

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