Posts Tagged: "Cleveland Indians"

A little more than one year ago, the U.S. Supreme Court struck down the Lanham Act’s disparagement clause as unconstitutional in Matal v. Tam, 137 S. Ct. 1744 (June 19, 2017).  While Tam settled some issues related to The Slants, the Washington Redskins, and D*kes on Bikes, the decision’s full impact remains to be seen. Issues remain ripe for future consideration. Most significantly, are trademarks considered “commercial speech?”  If so, laws relating to trademarks might be subject to relaxed scrutiny for constitutional compliance rather than strict scrutiny.

The Cleveland Indians are planning to stop using the Chief Wahoo logo on their uniforms or on signage at the stadium starting in 2019. As a longtime source of controversy, the logo has been used less frequently recently with increasing protests and a legal challenge. However, the franchise will not give up the trademark or profits from sales of merchandise bearing it, and doesn’t plan to change the team’s name.