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OT - US Patent Office Cancels Redskins Trademark Registration
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CrabCake Away
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Post: #1
OT - US Patent Office Cancels Redskins Trademark Registration
Several media outlets have reported on this story, here is the link to the news by The Washington Post:

http://www.washingtonpost.com/local/us-p...story.html


And here is a link to the actual legal document - Trademark Trial and Appeal Board order:

http://apps.washingtonpost.com/g/page/lo...rder/1105/
06-18-2014 03:11 PM
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georgewebb Offline
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RE: OT - US Patent Office Cancels Redskins Trademark Registration
For those interested in the legal reasoning behind the decision, this would appear to be the key excerpt, on page 72:

Quote:The ultimate decision is based on whether the evidence shows that a substantial composite of the Native American population found the term "Redskins" to be disparaging when the respective registrations issued. Heeb Media LLC, 89 USPQ2d at 1077. Therefore, once a substantial composite has been found, the mere existence of differing opinions cannot change the conclusion. In view of the above, petitioners have shown by a preponderance of the evidence that a substantial composite of Native Americans found the term REDSKINS to be disparaging in connection with respondent’s services during the relevant time frame of 1967-1990. Accordingly, the six registrations must be cancelled as required under Sections 2(a) and 14(3) of the Trademark Act.

Four sentences, in the classic IRAC (issue-rule-application-conclusion) formula.
(This post was last modified: 06-18-2014 03:55 PM by georgewebb.)
06-18-2014 03:40 PM
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Fort Bend Owl Online
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Post: #3
RE: OT - US Patent Office Cancels Redskins Trademark Registration
This seems to me to be the critical part (at least of the Washington Post article I read - didn't read the patent trademark).

The ruling does not mean that the Redskins have to change the name of the team. It does affect whether the team and the NFL can make money from merchandising because it limits the team’s legal options when others use the logos and the name on T shirts, sweatshirts, beer glasses and license plate holders.

If they can't make money off the team name or logo, they'll change it for sure. But I'm sure they'll appeal the decision just like before and try to get it overturned before anything else happens.
(This post was last modified: 06-18-2014 03:48 PM by Fort Bend Owl.)
06-18-2014 03:47 PM
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CrabCake Away
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RE: OT - US Patent Office Cancels Redskins Trademark Registration
The Washington Redskins probably won't feel much of a pinch in their revenue looking at merchandise sales because, as I understand it, all NFL teams share in revenue to some degree.

Of course, where the financial impact would be most felt is the situation where a major sponsor (or sponsors) pulls their support for the team.
06-18-2014 06:47 PM
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jhruzek Offline
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Post: #5
RE: OT - US Patent Office Cancels Redskins Trademark Registration
Apparently this same result occurred back in the late 90's and was overturned on appeal. Such challenges have to be brought within 10(?) years of trademark being granted.
06-18-2014 08:03 PM
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Baconator Offline
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Post: #6
RE: OT - US Patent Office Cancels Redskins Trademark Registration
I think this will backfire. Getting rid of the IP monopoly on the use of the logos will simply allow others to make copies. That could make the Redskins logo even more popular and widespread than it is today.
06-18-2014 08:33 PM
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jhruzek Offline
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Post: #7
RE: OT - US Patent Office Cancels Redskins Trademark Registration
Actually their TM on their logo is unaffected. Ruling only on the name.
06-18-2014 08:57 PM
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Antarius Offline
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Post: #8
RE: OT - US Patent Office Cancels Redskins Trademark Registration
Can they re-trademark it?
06-19-2014 07:33 AM
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Gravy Owl Offline
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RE: OT - US Patent Office Cancels Redskins Trademark Registration
Steve King @SteveKingIA · 17h Wrote:Obama raids Redskins by weaponizing USPTO. Cancels Redskins logo! Free people will not tolerate a Kim Jong POTUS.

Brilliant.
06-19-2014 10:49 AM
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gsloth Offline
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Post: #10
RE: OT - US Patent Office Cancels Redskins Trademark Registration
As noted, this doesn't impact the logo. They could easily become the Washington Warriors, keep the logo and/or use the throwback uniform helmet with the arrow/arrowhead, and continue on.

BTW, Snyder/Washington Football, Inc. has twice tried tradmarking Washington Warriors, with the current application (started in 2007) suspended, likely due to the current litigation.

http://tsdr.uspto.gov/#caseNumber=772246...atusSearch
06-19-2014 12:53 PM
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Afflicted Offline
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RE: OT - US Patent Office Cancels Redskins Trademark Registration
I'm sick of everyone in this country being so damn sensitive! All those players and all those hundreds of thousands of Redskins fans wear those uniforms and T-shirts with pride. It's an honor and a recognition of the Native American tribes who lived in that region long ago. It would be different if they were trashing the Native Americans by calling them names, or degrading their culture and history, but their not doing that! Heck, I'm Irish, and I don't get upset when I see that little Notre Dame Leprechaun skipping around on the field every Saturday during football season. I hope the name never changes! Get over it.
06-19-2014 05:03 PM
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jh Offline
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RE: OT - US Patent Office Cancels Redskins Trademark Registration
It looks like this decision might not be as bad for the Redskins as it first appears.

Quote:Even if the decision holds up on appeal (and I don’t know whether it will), the Redskins remain free to use those marks, and even sue over unauthorized use of the marks by others; they just don’t get the special protections against such uses by others that are offered by statutory registration. To quote the Patent & Trademark Office fact sheet on the case, those lost protections include:

“the legal presumptions of ownership and of a nationwide scope of rights in these trademarks” (though I think the Redskins would likely prevail against those who sell unauthorized Redskins gear even without the benefit of these presumptions);

“the ability to use the federal registration [R-in-a-circle] symbol,” and;

“the ability to record the registrations with the U.S. Customs and Border Patrol Service so as to block the importation of infringing or counterfeit foreign goods.”
http://www.washingtonpost.com/news/volok...rademarks/

But for a discussion about just how confusing statutory protections for unregistered trademarks are:
http://www.washingtonpost.com/news/volok...-the-news/
06-19-2014 06:23 PM
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Fort Bend Owl Online
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Post: #13
RE: OT - US Patent Office Cancels Redskins Trademark Registration
Saw this comment yesterday.

"So if the US Patient office issued trademarks to the Washington Redskins all those years ago and now have taken those trademarks back, does that make them.....Indian Givers?"
06-20-2014 05:58 AM
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NicevilleWRC Offline
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RE: OT - US Patent Office Cancels Redskins Trademark Registration
(06-19-2014 05:03 PM)Afflicted Wrote:  I'm sick of everyone in this country being so damn sensitive! All those players and all those hundreds of thousands of Redskins fans wear those uniforms and T-shirts with pride. It's an honor and a recognition of the Native American tribes who lived in that region long ago. It would be different if they were trashing the Native Americans by calling them names, or degrading their culture and history, but their not doing that! Heck, I'm Irish, and I don't get upset when I see that little Notre Dame Leprechaun skipping around on the field every Saturday during football season. I hope the name never changes! Get over it.

That's exactly what they are doing by referring to them with a racial slur! And while you may not have an issue with it, a third of Native Americans do.

Quote:The decision also reflects that the board took into consideration the team’s often-touted contention that many Native Americans do not find the term offensive. “While this may reveal differing opinions within the community, it does not negate the opinions of those who find it disparaging,” the decision reads. “The ultimate decision is based on whether the evidence shows that a substantial composite of the Native American population found the term ‘Redskins’ to be disparaging when the respective registrations [were] issued.”

According to the decision, it was established that “at a minimum, approximately thirty percent of Native Americans found the term to be offensive” during the relevant time frame.

“Thirty percent is without doubt a substantial composite,” the decision reads. “To determine otherwise means it is acceptable to subject to disparagement 1 out of every 3 individuals.”
06-20-2014 09:09 AM
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ColOwl Offline
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RE: OT - US Patent Office Cancels Redskins Trademark Registration
(06-19-2014 05:03 PM)Afflicted Wrote:  I'm sick of everyone in this country being so damn sensitive! All those players and all those hundreds of thousands of Redskins fans wear those uniforms and T-shirts with pride. It's an honor and a recognition of the Native American tribes who lived in that region long ago. It would be different if they were trashing the Native Americans by calling them names, or degrading their culture and history, but their not doing that! Heck, I'm Irish, and I don't get upset when I see that little Notre Dame Leprechaun skipping around on the field every Saturday during football season. I hope the name never changes! Get over it.

1. The Leprechaun is a mythical creature; Native Americans are not.

2. The Leprechaun is also the mascot for Lucky Charms cereal; there are no cartoon caricatures of Native Americans used by corporate America to promote their worthless food products (but don't get me started on the Cleveland Indians logo!!!).

3. Perhaps you are unusually thick-skinned, but I would imagine many of Irish heritage would protest loudly if Belfast U. nicknamed their team mascot the 'Micks' and used Barney of The Simpsons as their logo.

4. Or what if the dear little leprechaun you treasure was always depicted as drunk?

5. The name WILL eventually be changed, so sorry to inform you that the leprechaun will not be able to grant your last wish.
(This post was last modified: 06-20-2014 09:58 AM by ColOwl.)
06-20-2014 09:56 AM
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OptimisticOwl Offline
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Post: #16
RE: OT - US Patent Office Cancels Redskins Trademark Registration
Nobody names their team something derogatory. What would be the point? To embarrass the players and drive away fans? To sell less merchandise?

Especially when human mascots are used, the desirable qualities are emphasized and the negative muted. I am sure the reason that so many teams use Pirates is to emphasize bravery and fierce fighting, not robbing, murdering, and thieving

I haven't seen any negative attributes in connection with the Redskins. They are depicted as proud warriors and fierce fighters. They could, like the leprechaun, be depicted as drunk, if slurs was what was wanted. But, no. They are depicted just as well as the Seminoles.

In the modern environment, they are dead meat. Let's kill them and move on to other derogatory names, like the Gaels, Conquistadors, Dons, and Commodores. Oh, and the Black Knights. And the Cowboys. I bet we can find somebody to be offended by each of these names.

And then we can move on to the animal nicknames. Is it right to use the names of endangered species?

Maybe we should enforce a rule that all teams need to be named after admirable attributes. Who wouldn't love to go to a game between the Rice Good Manners and the Texas Philanthropists?
06-20-2014 01:15 PM
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georgewebb Offline
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Post: #17
RE: OT - US Patent Office Cancels Redskins Trademark Registration
The basis of the opinion is not that the depiction is disparaging or emphasizes undesirable qualities, but that the word "Redskins", in and of itself, is a disparaging term. Please see post #2 above. The opinion does a pretty good job discussing the evidence that the panel relied on to reach this conclusion. I thought the discussion of the linguistic evidence was particularly interesting.

Not having heard the evidence first-hand or studied the relevant law, I can't say whether I would have reached the same conclusion. But at first glance, it seems to be a pretty well-constructed opinion. Of course, we will see more as the appeal proceeds.
06-20-2014 04:37 PM
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OptimisticOwl Offline
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Post: #18
RE: OT - US Patent Office Cancels Redskins Trademark Registration
Well, in case you can't tell, I think it doesn't mean much now, and was not meant as a slur, but please, let's outlaw it.

If they drop it, I hope they replace it with something noncontroversial like Conquerors or Invaders. I mean, uh, Vikings, Raiders, Pirates, and Carpetbaggers.

Washington Carpetbaggets - has a ring to it. Go, 'Baggers!
06-20-2014 04:54 PM
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Post: #19
RE: OT - US Patent Office Cancels Redskins Trademark Registration
Washington Red Tape?
06-20-2014 05:52 PM
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OptimisticOwl Offline
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Post: #20
RE: OT - US Patent Office Cancels Redskins Trademark Registration
Washington:

prevaricators
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06-20-2014 07:59 PM
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