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Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 7:53 am
by Skjellyfetti
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 cancelled because they were disparaging to Native Americans at the respective times they were registered,” the PTO’s Trademark Trial and Appeal Board wrote.
Five Native Americans in 2006 brought the petition, Blackhorse v. Pro Football, Inc., aimed at stripping the half-dozen trademark registrations for the term “Redskins.”
Under the decision, the National Football League will lose several benefits of federal registration of the trademark, including the use of the federal registration symbol.
Federal trademark law prohibits trademark registrations that “may disparage” groups or individuals.
“The Trademark Trial and Appeal Board agreed with our clients that the team’s name and trademarks disparage Native Americans,” said Jesse Witten, the plaintiffs’ lead attorney. “The Board ruled that the Trademark Office should never have registered these trademarks in the first place.”
The ruling, though, does not require that the Washington Redskins franchise change its name or stop using its trademark.
“I hope this ruling brings us a step closer to that inevitable day when the name of the Washington football team will be changed,” plaintiff Amanda Blackhorse said. “The team’s name is racist and derogatory.”
In May, 50 senators — 48 Democrats and two Independents — wrote NFL Commissioner Roger Goodell urging him to change the team’s name. The campaign, spearheaded by Sen. Maria Cantwell (D-Wash.) and signed by Senate Majority Leader Harry Reid (D-Nev.), was not circulated amongst Republicans.
“The N.F.L. can no longer ignore this and perpetuate the use of this name as anything but what it is: a racial slur,” the letter read.
The league shot the request down later that day.
Rep. Eleanor Holmes Norton (D-D.C.) is co-sponsoring a bill to amend the 1946 Lanham Act, the law that prohibits the registration of trademarks that disparage a group. Her legislation would include “Redskins” as a disparaging term if it is contained in a trademark with connotations to the Native American community and thus strip companies and products—such as the Washington Redskins—of their trademark registration.
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Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 8:17 am
by CAA Flagship
They weren't stripped, they were scalped of the trademarks.
Next up: Braves, Chiefs, Indians, Blackhawks, etc.....
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 8:22 am
by Skjellyfetti
CAA Flagship wrote:They weren't stripped, they were scalped of the trademarks.
Next up: Braves, Chiefs, Indians, Blackhawks, etc.....
There's a difference between all those.
Braves, Chiefs, Indians, Blackhawks aren't slurs.
But think for a moment about the term “Redskins,” and how it truly differs from all the others. Ask yourself what the equivalent would be, if directed toward African-Americans, Hispanics, Asians, or members of any other ethnic group.
The only one of those I have a problem with is "Chief Wahoo."
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 8:23 am
by mrklean
Its about time
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 8:24 am
by BDKJMU
So for 82 years the Patent and Trademark Office didn't have a problem with the name, and now all of a sudden they do?
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 8:28 am
by Skjellyfetti
BDKJMU wrote:So for 82 years the Patent and Trademark Office didn't have a problem with the name, and now all of a sudden they do?
There hadn't been a suit filed until 2006.
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 8:35 am
by DSUrocks07
Skjellyfetti wrote:BDKJMU wrote:So for 82 years the Patent and Trademark Office didn't have a problem with the name, and now all of a sudden they do?
There hadn't been a suit filed until 2006.
I'm sure there is a renewal process of some sort
http://www.uspto.gov/faq/trademarks.jsp#_Toc275426707
How long does a trademark registration last?
The registration is valid as long as you timely file all post registration maintenance documents. You must file a “Declaration of Use under Section 8” between the fifth and sixth year following registration. In addition, you must file a combined “Declaration of Use and Application for Renewal under Sections 8 and 9” between the ninth and tenth year after registration, and every 10 years thereafter. If these documents are not timely filed, your registration will be cancelled and cannot be revived or reinstated. For more information see Maintain/Renew a Registration.
Bureaucracy at work
Add to the list of Obama's accomplishments #greatestpresidentofourgeneration
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 8:43 am
by grizzaholic
This doesn't set a good precedent.
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 8:46 am
by grizzaholic
Here is an email sent to Clarence Page of the Chicago Tribune after an article he published concerning a name change for the Washington Redskins.
Dear Mr. Page...
I always love your articles. and I generally agree with them. I would suggest, as in an email I received, they change the name to the "Foreskins" to better represent their community, paying tribute to the dick heads in Congress.
Here are some other politically correctness to consider: I agree with our Native American population. I am highly insulted by the racially charged name of the Washington Redskins. One might argue that to name a professional football team after Native Americans would exalt them as fine warriors, but nay, nay. We must be careful not to offend, and in the spirit of political correctness and courtesy, we must move forward. Let's ditch the Kansas City Chiefs, the Atlanta Braves and the Cleveland Indians. If your shorts are in a wad because of the reference the name Redskins makes to skin color, then we need to get rid of the Cleveland Browns.
The Carolina Panthers obviously were named to keep the memory of militant Blacks from the 60's alive. Gone. It's offensive to us white folk.
The New York Yankees offend the Southern population. Do you see a team named for the Confederacy? No! There is no room for any reference to that tragic war that cost this country so many young men's lives.
I am also offended by the blatant references to the Catholic religion among our sports team names. Totally inappropriate to have the New Orleans Saints, the Los Angeles Angels or the San Diego Padres.
Then there are the team names that glorify criminals who raped and pillaged. We are talking about the horrible Oakland Raiders, the Minnesota Vikings, the Tampa Bay Buccaneers and the Pittsburgh Pirates!
Now, let us address those teams that clearly send the wrong message to our children. The San Diego Chargers promote irresponsible fighting or even spending habits. Wrong message to our children.
The New York Giants and the San Fran cisco Giants promote obesity, a growing childhood epidemic. Wrong message to our children.
The Cincinnati Reds promote downers/barbiturates . Wrong message to our children.
The Milwaukee Brewers---well that goes without saying . . . Wrong message to our children.
So, there you go. We need to support any legislation that comes out to rectify this travesty, because the government will likely become involved with this issue, as they should. Just the kind of thing the do-nothing congress loves . . .
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 8:51 am
by Ibanez
I find the NY Yankees offensive.
I think we should all go to colors and shapes (except for the squares. We don't want to offend any Ivy Leaguer graduates.)
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 8:55 am
by DSUrocks07
I am offended by the Oakland Raiders referring to their fan section in the Coliseum as the "Black Hole"
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:12 am
by 89Hen
Anyone who doesn't see a difference between Redskins and any other name is a jackass.
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:19 am
by grizzaholic
89Hen wrote:Anyone who doesn't see a difference between Redskins and any other name is a jackass.
But once the legislation is on the books...it gives the minority all the power. Anyone that doesn't see that is a jackass.
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:23 am
by 89Hen
grizzaholic wrote:89Hen wrote:Anyone who doesn't see a difference between Redskins and any other name is a jackass.
But once the legislation is on the books...it gives the minority all the power. Anyone that doesn't see that is a jackass.
What "legislation"?
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:24 am
by 89Hen
BDKJMU wrote:So for 82 years the Patent and Trademark Office didn't have a problem with the name, and now all of a sudden they do?
So you're saying it's bad to change a position or thought on something?
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:28 am
by grizzaholic
89Hen wrote:grizzaholic wrote:
But once the legislation is on the books...it gives the minority all the power. Anyone that doesn't see that is a jackass.
What "legislation"?
sorry. Wrong word. Once it happens ONE TIME, it will happen more and more. What about all the beers and spirits out there with names that could be offensive to someone??? Will they also get in trouble? I just cannot believe you think this is a good thing.
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:30 am
by 89Hen
89Hen wrote:
» Tue Sep 10, 2013 5:11 pm
What should it be? No way they make it to the start of the next season with the name Redskins.
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:31 am
by 89Hen
grizzaholic wrote:89Hen wrote:
What "legislation"?
sorry. Wrong word. Once it happens ONE TIME, it will happen more and more. What about all the beers and spirits out there with names that could be offensive to someone??? Will they also get in trouble? I just cannot believe you think this is a good thing.
Please give other examples of truly offensive names.
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:32 am
by DSUrocks07
89Hen wrote:Anyone who doesn't see a difference between Redskins and any other name is a jackass.
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:34 am
by CID1990
This sure is along thread about a ruling that is going to be overturned on appeal.
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:34 am
by tribe_pride
89Hen wrote:grizzaholic wrote:
sorry. Wrong word. Once it happens ONE TIME, it will happen more and more. What about all the beers and spirits out there with names that could be offensive to someone??? Will they also get in trouble? I just cannot believe you think this is a good thing.
Please give other examples of truly offensive names.
Dal
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:34 am
by 89Hen
That one is probably bad too Rocks. What was William and Mary's old mascot?
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:35 am
by Ibanez
89Hen wrote:grizzaholic wrote:
But once the legislation is on the books...it gives the minority all the power. Anyone that doesn't see that is a jackass.
What "legislation"?
Apparently the one from 1946 and signed by Truman that allows this.
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:35 am
by tribe_pride
Skjellyfetti wrote:BDKJMU wrote:So for 82 years the Patent and Trademark Office didn't have a problem with the name, and now all of a sudden they do?
There hadn't been a suit filed until 2006.
Not true. I read the USPTO came up with the same decision in the 90s but it was overturned by an appellate court. Not sure of the reason for overturned opinion.
Re: Redskins stripped of trademarks:
Posted: Wed Jun 18, 2014 9:37 am
by kalm
As mentioned before, Snyder is a ginormous douche, Indians have gotten the shaft and deserve our compassion, but government shouldn't decide what's offensive.