US Patent Office Cancels Trademark for Redskins

[Townhallsavoy]

The United States Patent and Trademark Office has canceled six federal trademark registrations for the name of the Washington Redskins, ruling that the name is “disparaging to Native Americans” and thus cannot be trademarked under federal law that prohibits the protection of offensive or disparaging language.

The U.S. PTO’s Trademark Trial and Appeal Board issued a ruling in the case, brought against the team by plaintiff Amanda Blackhorse, Wednesday morning.

“We decide, based on the evidence properly before us, that these registrations must be cancelled because they were disparaging to Native Americans at the respective times they were registered,” the board wrote in its opinion, “>which is here.

“The Trademark Trial and Appeal Board agreed with our clients that the team’s name and trademarks disparage Native Americans. The Board ruled that the Trademark Office should never have registered these trademarks in the first place,” Jesse Witten, the plaintiffs’ lead attorney, said in a press release. “We presented a wide variety of evidence – including dictionary definitions and other reference works, newspaper clippings, movie clips, scholarly articles, expert linguist testimony, and evidence of the historic opposition by Native American groups – to demonstrate that the word ‘redskin’ is an ethnic slur.”

“I am extremely happy that the [Board] ruled in our favor,” Blackhorse said in a statement. “It is a great victory for Native Americans and for all Americans. We filed our petition eight years ago and it has been a tough battle ever since. I hope this ruling brings us a step closer to that inevitable day when the name of the Washington football team will be changed. The team’s name is racist and derogatory. I’ve said it before and I will say it again – if people wouldn’t dare call a Native American a ‘redskin’ because they know it is offensive, how can an NFL football team have this name?”

The Trial and Appeals Board rescinded the team’s trademark protections in a 1999 ruling that was part of a case filed in 1992. A federal court later overturned the ruling on appeal due to a technicality that the plaintiffs say has been fixed in this most recent case.

The team will almost certainly appeal the case, and it will be able to keep its trademark protection during appeal. Losing the trademark would not force the team to change its name, but it would allow anyone who wanted to use “Redskins” on merchandise or through other means to do so, which could cost the team — and, because of the NFL’s revenue-sharing model, other NFL teams — “every imaginable loss you can think of,” as the team’s lawyers argued in the original case. For that reason, the trademark has long been thought of by opponents of the team’s name as the easiest avenue to changing it.

http://thinkprogress.org/sports/2014/06/18/3450333/in-landmark-decision-us-patent-office-cancels-trademark-for-redskins-football-team/

[CCTAU]

Isn't this a bit overstepping the bounds of their purpose?

[Saniflush]

 

[Townhallsavoy]

New Orleans Saints - The Catholic church and other religious entities which include the concept of a saint in their doctrine are offended that an NFL team would consider their holy label as a mascot for a brutal, greedy sport.

Atlanta Braves - Native American tomahawk chop?  Don't think so.

Florida St Seminoles - See Redskins and Braves.

Auburn, LSU, Detroit, Missouri, Memphis Tigers - Tigers are on the endangered species list and using the tiger as a mascot invokes a negative depiction of the animal which will lead to poachers and wrongfully fearful people killing massive amounts of protected tigers. 

Alabama Crimson Tide - Disparaging against women's menstrual cycle.

South Carolina Gamecocks - Cock fighting is illegal and the use of this mascot inspires gamblers to use the innocent animal in competitive, brutal, murderous sports.

New York Knicks - Sounds like an abbreviation of the "n" word. 

Syracuse Orange - It's just a fucking color.  That's unacceptable and disparaging to all rational thought.

Stanford Cardinal - See Syracuse.  Add an 's'.  Use bird. 

Chicago White Sox - Why not black sox?  Rainbow sox?  Racial Equality Sox? 

[dallaswareagle]

I wonder if they plan on looking at :  FUBU

[Saniflush]

Thank goodness they have gotten this important shit taken care of so they can coast a bit now and take care of the easy shit like Benghazi and Iraq.

[AUTailgatingRules]

Elections have consequences

[Vandy Vol]

Isn't this a bit overstepping the bounds of their purpose?

The United States Patent and Trademark Office overstepped its bounds by canceling a trademark?

I think it's a silly decision to have made, but it's within their authority to do so.

[CCTAU]

The United States Patent and Trademark Office overstepped its bounds by canceling a trademark?

I think it's a silly decision to have made, but it's within their authority to do so.

Purpose. RIF

[The Prowler]

Thank goodness they have gotten this important shit taken care of so they can coast a bit now and take care of the easy shit like Benghazi, bama's Houndstooth and Iraq.

Fixt

[Vandy Vol]

Purpose. RIF

Federal law allows them to cancel a trademark that is offensive or disparaging, and there is a process by which people can ask the USPTO to do just that.  So yes, canceling trademarks that don't comply with federal laws is part of their purpose.

[GH2001]

Federal law allows them to cancel a trademark that is offensive or disparaging, and there is a process by which people can ask the USPTO to do just that.  So yes, canceling trademarks that don't comply with federal laws is part of their purpose.

What or who defines "disparaging"?

Is it a consensus? A panel? A vote from Congress? Or just a few uber sensitive people bitching and moaning? Becuase it seems it was deemed offensive by the latter. Keep in mind this is a slippery slope to go down.....

[dallaswareagle]

Federal law allows them to cancel a trademark that is offensive or disparaging, and there is a process by which people can ask the USPTO to do just that.  So yes, canceling trademarks that don't comply with federal laws is part of their purpose.

So they are canceling what they once approved?



I know different times and political correctness and shit.

[CCTAU]

Their purpose is to basically trademark shit so people cannot steal from each other. The rest is way beyond the scope of their creation. Whether or not they CAN do it is beside the point. 

Clinton started this "I'll do it till they tell me I cannot do it" BS. It's time for obummer to be dispatched.

Big brother will take care of you....

We used to be a country of people. Now we are a country of laws. Revolution is coming.

[GH2001]

So they are canceling what they once approved?



I know different times and political correctness and shit.

Thats some of my point. They didn't find it offensive when approved, and every year since they approved it. They didn't cancel it in 1978, 1986, 1997 or any other year. A few people raised a fuss about it and now its cancelled.

I think it sends a bad bad message that anything can be considered offensive as long as someone deems it so - even if they are not sincere about it and are being total douchebags. There has to be a certain degree of common sense involved in these discussions and I dont see any at all.

[Godfather]

What or who defines "disparaging"?

Is it a consensus? A panel? A vote from Congress? Or just a few uber sensitive people bitching and moaning? Becuase it seems it was deemed offensive by the latter. Keep in mind this is a slippery slope to go down.....

Especially since most of the Indians, don't give a fuck about it.

[Saniflush]

Well what this really does is bring to light what the new name will be?  Since it should be truthful and topical for the time I have a few ideas...

The Washington Casinos
The Washington Firewaters
The Washington Peyote Users

Feel free to chime in.

[Buzz Killington]

Washington Fleecers
Washington Bullets...wait, no.
Washington Wallet Watchers

[GH2001]

Well what this really does is bring to light what the new name will be?  Since it should be truthful and topical for the time I have a few ideas...

The Washington Casinos
The Washington Firewaters
The Washington Peyote Users

Feel free to chime in.

Crooks....Liars.....Felons.....

Iffin were being accurate here.

[Godfather]

Revolution is coming.

I don't think you are wrong and honestly it scares the shit out of me.