Posts Tagged: "pro football"

The Supreme Court ruled that the anti-disparagement clause in the Lanham Act violates the Free Speech Clause in the First Amendment. Matal v. Tam. As a result, the United States Patent and Trademark Office may no longer deny registration of a federal trademark application on the ground of disparagement. Several states, including Massachusetts and New Hampshire, have anti-disparagement trademark provisions that will no longer be enforceable either… The statute does not define ‘scandalous’, but like the restriction against disparaging marks, the courts and the PTO focus on whether a mark is offensive.

Lauren Emerson, Baker Botts, LLP: “Today’s decision, while not surprising, is momentous, as any decision striking a longstanding legislative provision based on freedom of speech would be.  From a trademark practitioner’s perspective, Matal v. Tam is also remarkable in that it is the second decision in just over two years in which the Supreme Court specifically has taken note of the importance and value of trademark registration.   The decision has drawn additional attention as it undoubtedly marks the end of Pro-Football, Inc. (“PFI”)’s longstanding battle over its REDSKINS marks, as 2(a) will no longer bar registration of those marks either.   I have little doubt that in the weeks and months to come, we will see many new filings that will be more challenging to celebrate than Simon Tam’s hard-won victory.”

On December 6th, 2016, the USPTO registered U.S. Trademark Registration No. 5095619, which protects the use of the standard character mark “PERFECT SEASON” in commerce. One week later on December 13th, the USPTO registered U.S. Trademark Registration No. 5100521, which protects the use of the standard character mark “19-0” in commerce… And trademarks only exist so long as they remain in use, so to keep the 19-0 registration the Patriots will have to use it in commerce or risk it going abandoned. So it will be interesting to see how the Patriots continue to use 19-0, or if they continue to use 19-0.

The U.S. Supreme Court agreed yesterday to review a Federal Circuit ruling that held unconstitutional a law prohibiting registration of trademarks that “may disparage” people or groups. In a case involving an Asian-American dance band’s bid to register its name THE SLANTS as a trademark, the court will consider whether the bar on registering disparaging marks in Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), violates the First Amendment guarantee of free speech. In the meantime, the Court is expected to rule soon on the Washington Redskins’ cert petition in Pro-Football, Inc. v. Blackhorse, No. 15-1874, challenging a decision of the Eastern District of Virginia upholding the PTO’s cancellation of the REDSKINS trademarks under that same provision.

The harder and more unbreakable the helmet the better it is to protect from a cosmetic standpoint, but the more likely the helmet will transfer the power of any blow through to the brain… Helmets today are reasonably good at protecting from blunt impact, but that does not mean they do not suffer from serious problems. “A major weakness in helmets is that they do not protect from any twisting or torsion motion, for example when a wearer suffers an impact that forces his neck to rotate at a substantial speed,” Abu-Taleb explains. “This is a major cause of concussions, as the brain rattles within the cerebrospinal fluid inside the skull as soon as the rotating comes to a stop, causing multiple potential points of impact between the brain and skull.”

As part of the settlement agreement, Seattle can use the number 12, and whatever rendition of 12 it wishes, so long as it sufficiently distinguishes whatever mark it comes up with from “12th MAN”. They can use “12th MAN” in advertising and promotional items provided proper notice is used but they may not, however, use “12th MAN” on merchandise, including the flag. Ever notice that the “12th Man Flag” at CenturyLink Field is just the number 12? Now you know why. The Seahawks can refer to it as the “12th Man” flag, but can’t put the word “man” anywhere near the number 12.