Page 20 - Briefcase Volume 37 Number 2

ROCK BAND MUSICIAN B. Bates Distinguished Chair of Law and director of the Institute of
Higher Education Law & Governance.
DISCUSSES GROUPS SCOTUS “Many Asian-Americans, including law professors, urged him not to
bring the case or trademark the hateful name. But he displayed a very
VICTORY nuanced and deep appreciation of free speech, and put all his efforts into
A musician whose band’s trademark case was taken to the U.S. Supreme this admirable fight, and he won.”
Court shared details from his seven-year legal journey in a question-
and-answer session with University of Houston Law Center Professor CARBON RESEARCH CENTER
Michael A. Olivas.
The discussion, hosted by the Intellectual Property Student NAMES HESTER CO-DIRECTOR
Organization and the Houston Law Review, featured Simon Tam, University of Houston Law Center Lecturer Tracy Hester was chosen to
founding member and bassist of the Asian-American dance-rock group co-direct the Center for Carbon Management in Energy, an initiative of
“The Slants.” UH Energy. Charles McConnell, a former energy executive and assistant
Tam tried to trademark the band’s name in 2013, but the application was secretary in the U.S. Department of Energy, will serve as the interim
rejected for being offensive or disparaging, according to the U.S. Patent executive director.
and Trademark Office. The center’s goal is to bring a holistic approach to a low carbon future

“I had the idea of starting an all-Asian-American band that would by driving research in strategies aimed at lessening carbon emissions
and greenhouse gases in the energy industry. The CCME also will
create policy and law proposals to help implement the findings of their
research.
“Given the University of Houston’s unique position as the leading
energy university in the
world’s energy capital,
we hope that the center
will take advantage of the
enormous talent, resources,
and interest that Houston
provides,” Hester said.
“To meet the enormous
challenges of combating
climate change, the energy
industry will have to
navigate demands to reduce
its carbon emissions while
Professor Michael A. Olivas, left, and recording artist Simon satisfying the growing
Tam, right, in the Hendricks Heritage Room at the University of need for energy in a fast-
Houston Law Center.
changing world.”
Hester said that to manage Professor Tracy Hester
proudly showcase our culture and provide representation in an industry carbon effectively in the
that has very little representation for Asian-Americans,” he said. “I energy industry, experts must examine all dimensions of its production
thought why not talk about our perspective, our slant on life of what it’s — otherwise, a solution for one segment may only increase the
like to be people of color while injecting the term with a sense of pride challenges in another.
instead.” “Any truly powerful answer will need an effective combination of
The USPTO’s decision was overturned in December 2015 by the U.S. innovative basic research, technological development, creative business,
Court of Appeals for the Federal Circuit, and brought to the Supreme finance, and policy designs, and supportive legal strategies,” Hester said.
Court which ruled in the band’s favor on June 19, 2017 in a unanimous Hester teaches Environmental Law, Statutory Interpretation and
8-0 decision in Matal v. Tam. Regulatory Practice, Climate Change Law, Practice of Environmental
“Simon Tam is a most extraordinary young man — a bass player who Law, Emerging Technologies and Environmental Law and
can thrash with the best of them, and a very savvy band leader who Environmental Enforcement at the Law Center.
understands the business side of entertainment,” said Olivas, the William

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