Posts Tagged: "washington redskins"

Bad News for the Redskins Trademark – Registration Exempt from First Amendment Scrutiny

Last Wednesday the Eastern District of Virginia issued its opinion and order on cross-motions for summary judgment in Pro-Football v. Blackhorse, the case in which the National Football League (NFL) appealed the Trademark Trial and Appeal Board’s (TTAB) precedential cancellation of the REDSKINS trademark on Lanham Act 2(a) disparagement grounds. The long and short of it is, it didn’t turn out well for the Redskins, who will almost certainly appeal the decision, which affirmed the TTAB’s 2014 cancellation.

Free Speech or Scandal? The Slants Case and the Future of Disparaging Trademarks

Last week the Federal Circuit scheduled oral argument en banc in THE SLANTS trademark case for the morning of October 2, 2015, taking up the question of whether §2(a) of the Lanham Act (15 U.S.C. § 1052(a)) can withstand First Amendment scrutiny. Writing separately after the panel decision, Judge Moore offered 24 pages of “additional views” on the matter, encouraging the Federal Circuit to “revisit McGinley’s holding on the constitutionality of §2(a),” noting that “the protection accorded to commercial speech has evolved significantly since the McGinley decision.”

Legally Suspect TTAB Decision Cancels Redskins Trademark

While this decision will be widely cheered by many who are concerned with political correctness, there is absolutely no doubt in my mind that from a legal standpoint this decision is clearly wrong… This is not to say that the trademarks in question are not hurtful to some, but the law simply requires direct evidence that the relevant audience, in this case Native Americans, found the term disparaging when the trademarks were actually registered. On this critical question there was simply not competent legal evidence, which is not to say that the term in and of itself isn’t offensive or it hasn’t been used as a racial slur. Based on the appropriate legal standard those things simply are not relevant.

Supreme Court Refuses Harjo, Redskins Can Keep Trademark

The United States Supreme Court earlier today announced that they will not accept the appeal in the Harjo case, which means that the decision of the the United States Court of Appeals for the District of Columbia will stand as the final decision in the long dispute that sought to strip the team of its trademark as a result of the term “Redskin” being offensive and not susceptible of receiving trademark protection.