OT: USPTO cancels six trademarks for the Washington Redskins EDITED

Submitted by ypsituckyboy on

The USPTO has cancelled six of the trademarks belonging to the Washington Redskins on the ground that the registrations were obtained contrary to Section 2(a), 15 U.S.C. § 1052(a), which prohibits registration of marks that may disparage persons or bring them into contempt or disrepute.

[Obviously, this will put Dan Snyder and the NFL in an interesting position since it is very difficult to promote a brand lacking vital intellectual property protections. Not sure that the NFL minds this decision, though, since the USPTO has essentially taken the decision of whether to force Snyder to change the team name out of Snyder's hands. To the people who wanted to keep the team name, the USPTO, and not the NFL, is now the "bad guy".] EDIT: This is all wrong according to a dog with a Michigan football hat who claims to be a lawyer, since this decision wouldn't really prevent the Redskins from protecting their name/logo/etc under other Federal/State laws.

Opinion here: http://ttabvue.uspto.gov/ttabvue/v?pno=92046185&pty=CAN&eno=199

 

Tuebor

June 18th, 2014 at 10:45 AM ^

The braves just use a tomahawk as their icon.  I don't think that is disparaging.

 

FSU has the consent of the Florida Seminole tribe to continue using it as thier mascot.  The NCAA is big on its members getting permission from local tribes to continue to use tribal mascots.  CMU has permission from the Saginaw Valley Chippewa tribe and the condition is that they can use the name but not any imagery hence we have the C logo.  North Dakota lost the right to use Fighting Sioux because the NCAA wanted them to get permission from two tribes.  One consented and they other did not so they currently have no mascot.

 

EMU's fate was sealed because there is no Huron tribe left to give them permission if I remember correctly.  So they had to change it.  Illinois got around this by saying that the Illini is a fictional tribe but they still aren't allowed to use their chief mascot anymore.

GoBLUinTX

June 18th, 2014 at 10:59 AM ^

Notre Dame get permission to use their 19th C caricature of an Irish Monkey?  Moreover, what does getting permission have to do with anything if it isn't unanimous?  Should one Seminole individual just have to buck up and take it because some tribal elder got a kickback and gave permission for the FSU to disparage their good name and image?

umumum

June 18th, 2014 at 1:09 PM ^

you haven't sniffed logic once.  When you proffer ridiculous analogies--and then double-down on them--you make it very difficult to take anything else you write seriously.

And while I am certain that Texans are a diverse lot, your arguments here (and, frankly, in other matters) kinda reinforce the perceived (and most likely unfair) stereotype.

LordGrantham

June 18th, 2014 at 11:07 AM ^

There's a 50-page record in this case establishing how the term Redskins was disparaging to Native Americans.  It involves extensive expert testimony, historical evidence, and a survey of relevant literature.  In other words, it's a little more complicated than "OMG look at all these other names that maybe sound kinda bad!"

1464

June 18th, 2014 at 10:23 AM ^

Good for the uspto. I'm not one to get exasperated about race issues easily, but this is long overdue. It is essentially like having a team called the porch monkeys or the fighting honkeys. How is this allowed to still be a thing?

ypsituckyboy

June 18th, 2014 at 10:55 AM ^

Honestly, the "Fighting Irish" point is valid IMO. The histroy of the treatment of the Irish in the United States is not pretty. Not as appalling as the treatment of some other ethnic groups that have been persecutred, mind you, but appalling nonetheless. 

I think there was actually an anti-Irish political party out east back in the day. I would Google it but I don't feel like making the effort.

Snake Eyes

June 18th, 2014 at 10:24 AM ^

just not a registered trademark with the USPTO. The Redskins will now have to put a TM next to their marks rather than a circle R. Not that big of a deal, but points towards progress in getting Snyder to rethink his position on the name.

bluebugsy

June 18th, 2014 at 10:25 AM ^

As a 40+ year 'Skins fan, I am hoping they change the team name to the Kemosabes.  Lone Ranger mask on the helmet with the a Lone Ranger riding a white horse around the field.  Oh wait, is Kemosabe a slur...?

blacknblue

June 18th, 2014 at 11:34 AM ^

I kind of hope they go with the Savages. With the logo being the silhouette of a dude in a loin clothe with a bloody axe in his hand. That's a general term, that can describe anybody of any race or creed.

jtmc33

June 18th, 2014 at 11:27 AM ^

Oh sorry I don't conform to YOUR WAY of spelling words.   Talk about someone who is intollerant of anyone who is diferent. 

I hope the USPTO cancells the trademark for ST3...

 

 

ChalmersE

June 18th, 2014 at 11:47 AM ^

Hail to the Redskins!

Hail Victory!

Spuds on the Warpath!

Fight for old DC (and Prince Georges County))

Run or pass and score -- we want seconds too!

Whip 'em, gravy 'em

Touchdown! -- Let the calories soar!

Fight on, fight on 'Til you have won!

Spuds of Washington, Rah! Rah! Rah!

Hail to the Redskins!

Hail Victory

Spuds on the Warpath!

Fight for old D.C.

Tuebor

June 18th, 2014 at 10:27 AM ^

After reading the opinion it appears that the cancelled trademarks have been unused since the '80s given the examples they cite.  Why would the NFL change the name of the team if they just lost the trademarks to old logos?  IMO this just means the NFL will never do throwback jerseys with the Redskins again.

Danwillhor

June 18th, 2014 at 10:28 AM ^

Yes, I grew up thinking little of the team name. I hated the team (91 lions forever) but thought nothing of it. As I hit about age 16 I distinctly remember hearing it on ESPN and for the first time thinking "holy balls that's a racist ass name". Could care less about tradition here, change the name. Heck, choose a NA tribe or something! Anything but one if the worst derogatory words one could use regarding their people.

jmdblue

June 18th, 2014 at 10:47 AM ^

I'm not gonna get too up in arms about every culturally questionable reference, but IMO "redskins" and Chief Wahoo should be retired.  That said we we see posters above trying to point out the hypocrisy of anyone who agrees with me.  Comparing a clearly racist slur and a minstrel character in major league sports with "Fighting Irish" or a high school mascot is not helpful to the conversation.  If you think "Redskins" is okay because no harm is intended.. fine.  If you think it's okay because you'd prefer to err on the side of free speech... fine.  But don't compare the experiences and associated slurs of native americans with those of our northern european assimilants.