Redskins Trademark Torpedoed by Patent and Trademark Office

[sagegrouse]

The PTO ruled that the trademark could not be enforced because of the disparaging nature of the name, Redskins.

Whoops! That should get the Daniel's attention -- losing money through promotions. Lots of appeals in the offing, but the clock may be ticking on the name.

[bjornolf]

Eh, they still have the protection during the appeals, which could take a decade. He can still register for state trademark protection, and he'd still have common law protection. So, yes, this certainly puts the team's legal staff on the defensive, and it's a significant battle won, but the war is FAR from over.

[bjornolf]

What I find ironic is that we have a team being attacked by a group claiming racism that has been summarily disenfranchised and abused for 150+ years, populated primarily by a group that was enslaved until 150 years ago and then treated unfairly for another 100+ years after that, and owned by a man belonging to arguably one of the most abused groups in the history of the world. Some comic is sure to turn that into a bar joke.

[Duvall]

What I find ironic is that we have a team being attacked...

Eh, not really.

[Henderson]

Screw the politics and fire up the silk screen operation. Now anyone can make and sell Redskins logo stuff royalty free.

And what's really funny is that people anticipated a name change and trademarked all the logical new names ahead of the Redskins front office.

[YmoBeThere]

Screw the politics and fire up the silk screen operation. Now anyone can make and sell Redskins logo stuff royalty free.

Yes, but why would you want to?

[bjornolf]

Screw the politics and fire up the silk screen operation. Now anyone can make and sell Redskins logo stuff royalty free.

And what's really funny is that people anticipated a name change and trademarked all the logical new names ahead of the Redskins front office.

Well, during the appeals process, you really can't until it's over. This is all they're talking about here in DC, and all the IP lawyers on the news are saying that the protection holds until the last appeal is shot down, and that could take a decade or more.

[Reisen]

Screw the politics and fire up the silk screen operation. Now anyone can make and sell Redskins logo stuff royalty free.

And what's really funny is that people anticipated a name change and trademarked all the logical new names ahead of the Redskins front office.

There is an absolute ton of misinformation floating around, including by purportedly reputable publications like Time.

The Redskins still have full protection under federal, state, and common law. The trademark office did this once before, in 1999, and the Redskins won their appeal in 2004.

Time wrote that this was on a technicality, which is false. They won because the judge ruled their opponents had not proved their case. The technicality came a few years later, when the judge ruled the other parties could not continue to pursue the case due to elapsed time.

As Bjornolf wrote, even if they lose their appeal, anyone infringing on their trademark would be sued based on other protections. Whether or not they would be successful is anyone's guess, but it provides a heavy disincentive.

[killerleft]

They can keep their nickname as long as they want. But what would become the new logo? Mr. Peanut holding a football?

[nocilla]

They can keep their nickname as long as they want. But what would become the new logo? Mr. Peanut holding a football?

I vote for Mr. Potato Head.

red+skins+helmet.jpg

[gus]

There is an absolute ton of misinformation floating around, including by purportedly reputable publications like Time.

The Redskins still have full protection under federal, state, and common law. The trademark office did this once before, in 1999, and the Redskins won their appeal in 2004.

Time wrote that this was on a technicality, which is false. They won because the judge ruled their opponents had not proved their case. The technicality came a few years later, when the judge ruled the other parties could not continue to pursue the case due to elapsed time.

As Bjornolf wrote, even if they lose their appeal, anyone infringing on their trademark would be sued based on other protections. Whether or not they would be successful is anyone's guess, but it provides a heavy disincentive.

I think media are starting to catch up.

TPM has a good write-up:
http://talkingpointsmemo.com/muckrak...-not-deathblow

"technicality" in court cases is like "loophole" in tax: in it's almost only used by people opposing it.

[PSurprise]

They should just change the name to Deadskins. That's what I've been calling them since Joe Gibbs left. Let me know when they become relavent again.

[BD80]

I hear that attorneys representing jungle cats are considering similar action against the Jacksonville, Cincinnati and Detroit NFL franchises for disparagement

[gus]

I hear that attorneys representing jungle cats are considering similar action against the Jacksonville, Cincinnati and Detroit NFL franchises for disparagement

Did you really think that was funny? I think you just gave proof to the argument that the team name is offensive.

[weezie]

They should just change the name to Deadskins. That's what I've been calling them since Joe Gibbs left. Let me know when they become relavent again.

The first or second time?

But anyway, are there any possible new names floating around? Any sites that are seriously discussing the issue of what to change it to?
Not just fan complaining though.

[Blue in the Face]

But anyway, are there any possible new names floating around?

They registered the name Washington Warriors a while ago, though that was supposed to be for an arena football team (which never materialized).

[bjornolf]

Dan Snyder has his Native American charity. The logo was posed for and approved of by a Native American back in 1972. There are numerous tribes in Virginia whose leadership claims to support the team. Why not pull an FSU, form an alliance with the Algonquians, Sioux, Iroquois, or Powhatans? The Washington Sioux has a nice ring. Wouldn't even have to change the rest, if approved by the Tribe they allied with. Or they could get in with the Patawomeck Tribe, whose name originated the Potomac River, which is one of the largest rivers on the East Coast and supplies the water for the city.

[Rich]

Dan Snyder has his Native American charity. The logo was posed for and approved of by a Native American back in 1972. There are numerous tribes in Virginia whose leadership claims to support the team. Why not pull an FSU, form an alliance with the Algonquians, Sioux, Iroquois, or Powhatans? The Washington Sioux has a nice ring. Wouldn't even have to change the rest, if approved by the Tribe they allied with. Or they could get in with the Patawomeck Tribe, whose name originated the Potomac River, which is one of the largest rivers on the East Coast and supplies the water for the city.

Hmmm, then they would be referred to as the Washington Pats. Not sure folks in New England would approve.

[Here is a Turtle]

They registered the name Washington Warriors a while ago, though that was supposed to be for an arena football team (which never materialized).

They lost the trademark for that too iirc.

[BD80]

Dan Snyder ... could get in with the Patawomeck Tribe, whose name originated the Potomac River, which is one of the largest rivers on the East Coast and supplies the water for the city.

The Washington Waterboys ...