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Washington Redskins Stripped of Trademarks

BillCable writes: Politico reports, "In a major blow to the Washington Redskins, the U.S. Patent and Trademark Office on Wednesday canceled six federal trademarks of the 'Washington Redskins' team name because it was found to be 'disparaging' to Native Americans. 'We decide, based on the evidence properly before us, that these registrations must be canceled because they were disparaging to Native Americans at the respective times they were registered,' the PTO's Trademark Trial and Appeal Board wrote. The panel voted 2-1 in favor of the decision." Perhaps this move will speed up the inevitable name change, which was expected within the next few years."

8 of 646 comments (clear)

  1. Not so fast ... by schwit1 · · Score: 5, Informative

    From Washington Post: Native Americans have won at this stage before, in 1999. But the team and the NFL won an appeal to federal court in 2009. The court did not rule on the merits of the case, however, but threw it out, saying that the plaintiffs didnâ(TM)t have standing to file it. The team is likely to make the same appeal this time.

    That took 10 years

  2. Re:Chicago Blackhawks too? by Anonymous Coward · · Score: 4, Informative

    Was calling someone a "brave" considered derogatory? Same with "Blackhawks." Black Hawk was a chief of the Sauk tribe. I doubt he found his name "derogatory." Maybe we aren't reading the summary where it specifically says the problem is the name was deragatory when the trademark was granted. Neither brave nor Blackhawks are considered derogatory.

  3. Re:Chicago Blackhawks too? by machineghost · · Score: 5, Informative

    Braves, Indians, etc. are not as offensive as Redskins (and obviously Cardinals doesn't even enter the picture). Brave or Indian means "Native American, the way your ancestors would have referred to them". Redskin means "top of scalp taken from a dead Native American to be turned in for a bounty to the US government (which paid for the murder of Native American men, women and children)".

  4. Re:Chicago Blackhawks too? by OakDragon · · Score: 4, Informative

    "Funny" does not edify karma. That's why some mods will give you "interesting" or "insightful" if the joke is really good.

    I fail to see how the joke is disparaging to Catholics.

  5. Re:so shout "fire" in a crowded theater by Penguinisto · · Score: 4, Informative

    really? al jazera is on time warner ;)

    1) Joking aside, Al Jazeera America is actually a fairly solid and unbiased source of hard news on subjects outside of the Mideast, and even when the topic is the Mideast, they have been (so far) fairly even-handed. Sometimes it's scary as hell how much less biased they are when you compare them to CNN, MSNBC, Fox, et al. Even covers a lot more topics than the Big Three, which means they carry a wide variety of stories that don't revolve around the latest [Outrage || Scandal]. It's like the BBC, but without the Downton Abbey accents.

    2) In reply to GP: Yes, you certainly CAN have a "The Jihad Channel" on cable if you can get a company to carry it. Now your local cable provider may prohibit it, but that's not a 1st Amendment issue, since the 1st Amendment only restricts government, not private entities.

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  6. Re:Chicago Blackhawks too? by will_die · · Score: 5, Informative

    Actually it was a term indians used to refer to themselves; you can easily find writing from various indian leaders who used the term.
    It took on some negative connotations because it was used then used in various negative works.
    Also the bounty of indian scalps was not done by the US Government it was offered by British and Mexican governments.

  7. Re:First Amendment implications? by Desler · · Score: 4, Informative

    It's not. These people are just completely ignorant of both statutory and case law around trademarks. Trademarks are not First Amendment speech. Never have been never will be. Trademarks exist at the behest of Congress and the Trademark Act. Congress could revoke every single registered trademark if they wanted to be simply abolishing the Trademark act.

    As I posted in another part of this discussion thestatutes on trademarks has allowed for both the refusal of trademarks that are disparaging.

    No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—

    (a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection with wines or spirits, identifies a place other than the origin of the goods and is first used on or in connection with wines or spirits by the applicant on or after one year after the date on which the WTO Agreement (as defined in section 3501 (9) of title 19) enters into force with respect to the United States.

    http://www.law.cornell.edu/usc...

  8. Re:Chicago Blackhawks too? by sumdumass · · Score: 4, Informative

    Not really.

    This has several appeals processes to complete before they actually lose trade mark protection if they do not succeed on appeal. So the US Patent & Trademark Office can still be told to shut up.