Sunday, July 12, 2015

Federal Judge Orders Cancellation of Washington Redskins’ Trademarks

A federal judge in Virginia has ordered the U.S. Patent and Trademark Office (PTO) to cancel six of the Washington Redskins’ registered trademarks because their depiction of an Indian brave is considered offensive to Native Americans.

“The evidence before the Court supports the legal conclusion that between 1967 [when the first Redskins’ trademark was registered] and 1990, the Redskins Marks consisted of matter that ‘may disparage’ a substantial composite of Native Americans,” U.S. District Judge Gerald Lee wrote in his July 8 ruling in Pro-Football Inc. v. Blackhorse.

In his 70-page decision, Lee rejected the Redskins’ argument that the trademark cancellation was an infringement of the teams’ First and Fifth Amendment rights.

“The federal trademark registration program is government speech and is therefore exempt from First Amendment scrutiny,” he ruled, adding that “a trademark registration is not considered property under the Fifth Amendment.”

The order does not prevent the pro football team from continuing to use the logo. However, the loss of federal trademark protection could jeopardize some of its commercial and licensing activities.

Redskins owner Dan Snyder has repeatedly vowed not to change the team’s name, so the Redskins will likely appeal the decision.

Section 2(a) of the Lanham Act says that PTO should reject trademark registrations that “consists of or comprises immoral, deceptive, or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute…”


Just how is a heroic use of a Redskin logo bringing anybody into "contempt or disrepute"?


Anonymous said...

It is my understanding that the name Redskins was chosen when the team started in Boston about 80 years ago because the coach and several team members where Native Americans.

Use the Name, Luke said...

Just how is a heroic use of a Redskin logo bringing anybody into "contempt or disrepute"?

When they're playing badly?

Anon, since when does that matter to the left? That it was chosen to honor the original coach and players and the fact that everybody gives professional teams names which represent high ideals they strive to live up to doesn't matter in the slightest. (Even worse, the term "redskin" was actually chosen by the indians themselves to distinguish themselves from the immigrants from Europe.) It 'feels' disrespectful to them, and their feelings are all that matters. (Talk about narcissism!)

Given the reflexive and aggressive complaints any time anyone references native american culture in any way, it seems more like their goal is wipe their history and culture out of the public consciousness. I cannot imagine anymore more disrespectful.

Anonymous said...

Good job leftards. Soon anyone and everyone will be able to sell Redskins stuff at a much more reasonable price than the (formerly) officially sanctioned variety. Should help spread the "disrespect" like wildfire. Well, libs aren't known for thinking through the consequences of their actions.

Olaf Koenders said...

The Left are desperate to undermine and destroy the very society that keeps them alive in every way imaginable.

Anonymous said...

KC Chiefs, and Atlanta Braves are next. Objective and common sense will always take a back seat when Political Correctness ordered by The State is on the march.

Anonymous said...

Why don't you morons do something useful instead of bashing everything that does not fit into your idea of a perfect world?

Anonymous said...

Anon 4:29...........Apparently your idea of doing something useful is to hurl insults. Fair enough. You're a useless, ignorant, knee jerk liberal ass with delusions of superiority. There, I've done my useful bit for today.

Anonymous said...

Hello 5:15

Uh, I was talking about liberals. But I can see now how you would be confused.

Anonymous said...

Also, apparently the New Orleans Saints symbol has a very racist past where slaves were branded with it. Seems that might also be next on the chopping block.

Bird of Paradise said...

Just another liberal activists judge who needs booted off the bench