US Patent Office cancels Washington Redskins' trademark

[IlluminatusUIUC]

http://espn.go.com/nfl/story/_/id/11102096/us-patent-office-cancels-washington-redskins-trademark

WASHINGTON -- The U.S. Patent Office has ruled the Washington Redskins nickname is "disparaging of Native Americans'' and that the team's federal trademarks for the name must be canceled.

The 2-1 ruling comes after a campaign to change the name has gained momentum over the past year. The team doesn't immediately lose trademark protection and is allowed to retain it during an appeal.
Redskins owner Daniel Snyder has refused to change the team's name, citing tradition, but there has been growing pressure including statements in recent months from President Barack Obama, lawmakers of both parties and civil rights groups.


The decision means that the team can continue to use the Redskins name, but it would lose a significant portion of its ability to protect its financial interests. If others printed the name on sweatshirts, apparel, or other team material, it becomes more difficult to go after people who use it without permission.


The NFL splits revenue from team merchandise sales and licensing 31 ways (the Cowboys have their own deal). In the end, if the Redskins lose money from losing their trademarks, the entire league will lose money -- and then it no longer just is about the Redskins and their name, but it's about all of the other teams in the NFL (except the Cowboys) losing money. That issue could bring a lot more pressure on Snyder about the name of the team.

Obviously this will be appealed, as that is an extremely valuable trademark, but it seems like the tide has really turned against the name.

[pmoon6]

Re: US Patent Office cancels Washington Redskins' trademark

Ahhh. Groupthink has even innundated professional sports. I wonder when the bears will band together and petition to have Chicago and Boston change the names of their sports teams.

[OLDSRIP]

Re: US Patent Office cancels Washington Redskins' trademark

Does the US Patent office have the power to determine what is disparaging to someone?
Has it happened before?

Or is that what will be appealed?

[IlluminatusUIUC]

Re: US Patent Office cancels Washington Redskins' trademark

Does the US Patent office have the power to determine what is disparaging to someone?

Yes. http://en.wikipedia.org/wiki/Disparagement

http://www.law.cornell.edu/uscode/text/15/1052

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;

Has it happened before?

Yes.

Or is that what will be appealed?

It will be appealed both the the grounds that it's not offensive (they will surely find some native groups to say so) and also that they waited too long to pursue this claim (which is why the earlier attempt to shut this down was defeated).

[trapezeus]

Re: US Patent Office cancels Washington Redskins' trademark

what's the longest a patent can remain outstanding? i vaguely recall 70 some years. how long have the redskins been the redskins?

and pmoon, way to make the straw man argument. we all know the bear contingency within america is very offended so this clearly is a slippery slope to changing all the team names into numbers.

i also suspect if that was the case, america would give up on football mostly because we don't like numbers.

[Guest]

Re: US Patent Office cancels Washington Redskins' trademark

Is there a registered trademark already for the name "Dumb Pollocks"?

[IlluminatusUIUC]

Re: US Patent Office cancels Washington Redskins' trademark

what's the longest a patent can remain outstanding? i vaguely recall 70 some years. how long have the redskins been the redskins?

It's not a patent, it's a trademark. Trademarks are perpetual, provided you meet certain conditions.

[Mr. Miyagi]

Re: US Patent Office cancels Washington Redskins' trademark

How about the Washington Rednecks? Rednecks are always so proud to call themselves rednecks. It won't be disparaging at all.

[OpIv37]

Re: US Patent Office cancels Washington Redskins' trademark

So, if one group of Native Americans say it's offensive, and another group of Native Americans say it's not, how does PTO make a decision on the appeal? What criteria do they use?

[Guest]

Re: US Patent Office cancels Washington Redskins' trademark

There would be no discussion at all whether Blackskins, Jewnoses or Whitescalps are offensive in 2014.

[stuckincincy]

Re: US Patent Office cancels Washington Redskins' trademark

This is the taking of legal property rights without due process.

Behind the facetious smile of a liberal is the snarl of a dictating tyrant.

[ublinkwescore]

Re: US Patent Office cancels Washington Redskins' trademark

This is so f***ing stupid... stop empowering people to infringe on the rights of others by simply saying that they are offended by some petty bull$#!t... This whole redskin thing also lends it's self to the argument that naming a team the "Redskins" pays tribute to native americans... they have been a team for how long? and only now people are *****ing about it? give me a f***ing break

- - - Updated - - -

This is so f***ing stupid... stop empowering people to infringe on the rights of others by simply saying that they are offended by some petty bull$#!t... This whole redskin thing also lends it's self to the argument that naming a team the "Redskins" pays tribute to native americans... they have been a team for how long? and only now people are *****ing about it? give me a f***ing break

[ublinkwescore]

Re: US Patent Office cancels Washington Redskins' trademark

How about the Washington Rednecks? Rednecks are always so proud to call themselves rednecks. It won't be disparaging at all.

they wouldn't have any african american players - they would all hold out -except for a few trying to capitalize on it a la Clinton Portis...

[THATHURMANATOR]

Re: US Patent Office cancels Washington Redskins' trademark

Why does anyone give a **** about this all the sudden?

I small vocal majority creating policy for the masses.

Typical America.

[stuckincincy]

Re: US Patent Office cancels Washington Redskins' trademark

Ahhh. Groupthink has even innundated professional sports. I wonder when the bears will band together and petition to have Chicago and Boston change the names of their sports teams.

Indeed. Reminds me of a song by the rock music group, Rush:

"The Trees"

There is unrest in the forest
There is trouble with the trees
For the maples want more sunlight
And the oaks ignore their pleas

The trouble with the maples
(And they're quite convinced they're right)
They say the oaks are just too lofty
And they grab up all the light
But the oaks can't help their feelings
If they like the way they're made
And they wonder why the maples
Can't be happy in their shade

There is trouble in the forest
And the creatures all have fled
As the maples scream 'Oppression!'
And the oaks just shake their heads

So the maples formed a union
And demanded equal rights
'The oaks are just too greedy
We will make them give us light'
Now there's no more oak oppression
For they passed a noble law
And the trees are all kept equal
By hatchet, axe and saw."


All the hope and change collection of idiots on this board are in for a rude surprise when they think they get what they want, as they wake up to one-party rule and will have to beg and bribe some apparatchik for permission to fart.