Washington Redskins trademark cancelled

[bendog]

Someone obviously didn't get "compare and contrast" in school. LOL

 

[Papageorgio]

It's not about PC.

At their essence these arguments amount to a fear that political correctness will go too far. But I am not a member of the political correctness brigade. I am a professor trademark law. And trademark law has established rules to address this issue.

Since 1905 federal trademark law has banned the registration of scandalous or immoral marks. In 1947, marks that may disparage, bring into contempt or disrepute persons, institutions, beliefs, or national symbols were also banned. U.S. trademark law is not unique in prohibiting the registration of offensive trademarks. Many other countries’ trademark laws contain similar provisions.

A trademark case is currently pending over the Washington football team name. A group of seven Native Americans first challenged the trademark in 1992. The plaintiffs presented the trademark office tribunal with evidence of dictionary definitions, linguists’ expert opinions, and the results of a survey all showing the trademark to be disparaging of Native Americans. In 1999, the tribunal agreed that the registrations should be cancelled.

But on appeal, a federal court found that the Native Americans failed to present sufficient evidence that a substantial composite of Native Americans regard the term Redskins as disparaging when used as a trademark by the football team because the survey asked about the term in the abstract.

The court also found that the Native American plaintiffs had unjustifiably delayed in bringing the action since the trademark had already been registered 25 years by the time of the lawsuit (the trademarks in question were registered between 1967 and 1990).

After that loss, a new group of younger Native Americans brought a second challenge. Since one cannot be held to have delayed in bringing a legal claim before the age of 18, this group of young adults appear to have overcome any criticism of delay in the new lawsuit by bringing their claims as soon as they could. We await a new ruling, which should be announced imminently.
Racial slurs and football team names: What does trademark law say?

The team can still be the Redskins. But there may be financial repercussions because the team may not be able to use federal law to keep other people from using a racial slur for profit as well.

What is it about the Redskin's trademark makes it offensive? It's a picture of an Indian.

 

[The Rabbi]

is the term redneck trademarked? no

common law trademark? you might want to look into that.

or maybe people should stop going out of their way to be offensive. I don't think anyone would want to see a team called the san diego white trash.

The poseur attorney chimes in once again proving she knows nothing.

in other words, you're clueless and dumb as toast.

thanks for playing.

of course, you also wish I was a poseur.

which further makes you clueless and dumb as toast.

now go back to posting garbage from your mommy's basement.

Butthurt, much?
You understand they did not reject the trademark. The Redskins have had their name/logo trademarked for a long time. They stripped it from them not because it was too generic but because it was too "offensive", even though the only ones offended seem to be white liberals.
Don't bother thanking me for explaining this to you. If you have any other questions ask someone else as I never took classes in special ed.

 

[RoadVirus]

The Patent Office is going to see a bit of an uptick in hate mail.

 

[Plasmaball]

One...show proof Obama is behind this.
Two... the government over stepped here..There is nothing wrong with the red skin name.

 

[RoadVirus]

This is Obama and his small minority of dickwads that are forcing this change.

As if we don't have more things to be concerned about.

Iraq crumbling
National debt
Crumbling infrastructure
Unsecured borders
Anemic economy
China rising as a military & economic power

 

[DigitalDrifter]

This is Obama, and his little minority of pussies that have caused this ruling.

link?

oh right... you don't have any.

the Obama-deranged never do.

and once again, 5 million more people voted for him than voted for your guy. so what were you saying about minorities, winger?

Libs are the only ones butthurt about the name, take a look at any poll.
There's about 20%-25% of the population identify as being libs, that's about the same percentage that demand a name change.
The patent office is ran by the dept of commerce, which is currently the Obama administration.

 

[Plasmaball]

Great news!!!

No its not. This sets a dangerous precedent in the fact now the government can canoel something because someone is butt hurt...

It's all good till they come after you.

 

[RoadVirus]

If this PC dogma is allowed to stand, then several other sports teams, states, cities and counties will have to also change their names.

Lots of indian-named stuff out there.

 

[Smilebong]

"The group argued that the Redskins should lose their federal trademark protection based on a law that prohibits registered names that are disparaging, scandalous, contemptuous or disreputable. The case involves six registered trademarks that involve the use of the word Redskins, but it does not apply to the team's logo."...

Really?... Seems like a LOT of things could fall under that one. "You might be a Redneck if" has a "Common Law Trademark" on it that the Feds Respect and a Court has upheld... Give it some thought...

Maybe the United States should just change it's name the "Thinskins".



peace...

is the term redneck trademarked? no

common law trademark? you might want to look into that.

or maybe people should stop going out of their way to be offensive. I don't think anyone would want to see a team called the san diego white trash.

"white trash" and "redskin" are not analagous.

 

[Plasmaball]

As a person of Irish descent I am offended by the Notre Dame Fighting Irish mascot. change it.

As a northeasterner I am offended by the Yankee's team name, change it.

I'm also terrified by all sorts of animals, so bobcats, badgers, bears, bulls, all those gotta go.

As a red sox fan I completely agree with getting rid of the yankees.

 

[Plasmaball]

"The group argued that the Redskins should lose their federal trademark protection based on a law that prohibits registered names that are disparaging, scandalous, contemptuous or disreputable. The case involves six registered trademarks that involve the use of the word Redskins, but it does not apply to the team's logo."...

Really?... Seems like a LOT of things could fall under that one. "You might be a Redneck if" has a "Common Law Trademark" on it that the Feds Respect and a Court has upheld... Give it some thought...

Maybe the United States should just change it's name the "Thinskins".



peace...

is the term redneck trademarked? no

common law trademark? you might want to look into that.

or maybe people should stop going out of their way to be offensive. I don't think anyone would want to see a team called the san diego white trash.

Offensive is subjective and thus anything can be deemed such by anyone.
This is not cool..and we are becoming a "I'm sorry" nation .
The team has been around for 30 or so years and no name change. People need to grow up and stop being babies about everything these days. It would seem their parents failed them in teaching them that not everything is a slur.

 

[SFC Ollie]

This should go no place, it's no different than what was struck down before.


STATEMENT BY BOB RASKOPF, TRADEMARK ATTORNEY FOR THE WASHINGTON REDSKINS

http://files.redskins.com/pdf/State...mark-Attorney-for-the-Washington-Redskins.pdf

 

[mal]

"The group argued that the Redskins should lose their federal trademark protection based on a law that prohibits registered names that are disparaging, scandalous, contemptuous or disreputable. The case involves six registered trademarks that involve the use of the word Redskins, but it does not apply to the team's logo."...

Really?... Seems like a LOT of things could fall under that one. "You might be a Redneck if" has a "Common Law Trademark" on it that the Feds Respect and a Court has upheld... Give it some thought...

Maybe the United States should just change it's name the "Thinskins".



peace...

is the term redneck trademarked? no

common law trademark? you might want to look into that.

or maybe people should stop going out of their way to be offensive. I don't think anyone would want to see a team called the san diego white trash.

Offensive is subjective and thus anything can be deemed such by anyone.
This is not cool..and we are becoming a "I'm sorry" nation .
The team has been around for 30 or so years and no name change. People need to grow up and stop being babies about everything these days. It would seem their parents failed them in teaching them that not everything is a slur.

Not to be a dick, but it's more like 100 years.



peace...

 

[mal]

1932... So I was off a little.



peace...

 

[mal]

"The group argued that the Redskins should lose their federal trademark protection based on a law that prohibits registered names that are disparaging, scandalous, contemptuous or disreputable. The case involves six registered trademarks that involve the use of the word Redskins, but it does not apply to the team's logo."...

Really?... Seems like a LOT of things could fall under that one. "You might be a Redneck if" has a "Common Law Trademark" on it that the Feds Respect and a Court has upheld... Give it some thought...

Maybe the United States should just change it's name the "Thinskins".



peace...

is the term redneck trademarked? no

common law trademark? you might want to look into that.

or maybe people should stop going out of their way to be offensive. I don't think anyone would want to see a team called the san diego white trash.

"white trash" and "redskin" are not analagous.

You're a special kind of stupid, aren't you.



peace...

 

[Toro]

As a person of Irish descent I am offended by the Notre Dame Fighting Irish mascot. change it.

As a northeasterner I am offended by the Yankee's team name, change it.

I'm also terrified by all sorts of animals, so bobcats, badgers, bears, bulls, all those gotta go.

"Fighting Drunken Irish" would be better.

Edit - FTR I disagree with the decision though they should change their nane

 

[mal]

As a person of Irish descent I am offended by the Notre Dame Fighting Irish mascot. change it.

As a northeasterner I am offended by the Yankee's team name, change it.

I'm also terrified by all sorts of animals, so bobcats, badgers, bears, bulls, all those gotta go.

"Fighting Drunken Irish" would be better.

I'd be Offended by that but like Indians having Red Skin, my People like the Drink...

Not as much as the Redskins, mind you... Those Injuns LOVE the Firewater.



peace...

 

[Toro]

As a person of Irish descent I am offended by the Notre Dame Fighting Irish mascot. change it.

As a northeasterner I am offended by the Yankee's team name, change it.

I'm also terrified by all sorts of animals, so bobcats, badgers, bears, bulls, all those gotta go.

"Fighting Drunken Irish" would be better.

I'd be Offended by that but like Indians having Red Skin, my People like the Drink...

Not as much as the Redskins, mind you... Those Injuns LOVE the Firewater.



peace...

You make the mistaken assumption that "drunken" is a bad thing.

I need a Macallan right ******* now.

 

[HelenaHandbag]

I have a slam dunk for a new team name!