Washington Redskins

[mksioux]

In 1999, a three-judge panel of the U.S. Patent and Trademark Office revoked the federal trademark of the Washington Redskins. The decision would not take effect until the team could appeal.

I don't know all the details of where the team appealed to initially, but I noticed that this week that the team went before a U.S. District Court Judge to seek to overturn the decision.

This appears to be the newest battleground for the leftist activists to eliminate American Indian nicknames and logos. The idea is that without federal trademark protection, teams could lose massive amounts of money and would be forced into changing their nicknames. The three-judge panel in the patent and trademark office relied on a 1946 federal trademark law that says trademarks cannot be protected if they are "disparaging, scandalous, contemptuous or disreputable." Thus, the fate of Indian nicknames could hinge on bureaucrats and Judges deciding whether the nickname is "disparaging, scandalous, contemptuous or disreputable" to Indian culture. Considering the left's infiltration into these institutions, that does not bode well.

Of course, if the Redskins indeed lose their federal trademark protection, they can still rely on state law to protect their trademark, but it will likely open a slew of litigation in every state.

I suppose this is the reason the Redskins have introduced their alternate jersies and helmets...to hedge against the possibility that this legal issue is not resolved in their favor.

The implications to the Sioux nickname and logo are slight at this point. The panel focused sharply on the "offensiveness" of the term Redskins and its linguistic history. But I thought it was relevant to put in this forum because we all know that the leftist activists will use any victory they achieve to try to advance their agenda.

I always thought the battlefield for determining whether these nicknames were offensive would be fought in the public marketplace of ideas...where it ought to be fought. Instead, it appears as though it will also be fought with trademark litigation...with Judges as the final arbiter. I'm beginning to believe that people can be ruled just as easily, effectively, and arbitrarily by a select few in the judiciary as they can under a King.

[jimdahl]

As a D.C. resident when all of this went down, I remember it pretty well. To me, the big difference between something like Braves, Sioux, Indians, Seminoles, etc... and Redskins is that Redskins is historically considered a racial slur.

While we normally debate whether using Native Americans names and imagery as nicknames and mascots is offensive, the question of whether using racial slurs as a team name is entirely different. I think the big question in the Redskins situation is whether the term is still an offensive slur, or whether its history of common usage has removed that connotation.

I don't think Snyder holds any particularly loyalty to the name (unlike when the Cooke family owned the team), but supports it only because of its economic value to the team. The Skins have some of the most rabid fan support in the NFL (beyond the Packers, IMHO, having lived in both teams' home regions). The fans are already suspicious of Snyder and letting the name change could lose some of them forever.

[mksioux]

I agree that there is a fundamental difference between Redskins and Sioux. However, I don't like the idea that the Sioux's federal trademark could be at the mercy of a 3-Judge panel in D.C., who have the authority to decide whether the nickname/logo is offensive. That just seems rediculous to me.

I'm surprised an activist group hasn't already tried to extend this ruling beyond the Redskins by bringing a complaint against other teams. I'm sure it's just a matter of time.

***I'm assuming the Sioux have a federal trademark for their nickname and logo...not all companies/organizations choose the federal protection route (but most do). Somebody correct me if I'm wrong.

[mksioux]

Update - a federal judge overturned the ruling of the U.S. Patent and Trademark Commission. While it's a good decision, I still don't like the idea of a federal judge deciding what is offensive and what isn't for patents and trademarks. Given how liberal the legal profession is coming, this Judge's decision is soon to be overturned in due time.

[CoteauRinkRat]

I really hate the idea of a federal judge deciding what is offensive also.

Similar cases will be brought before courts over the next couple of years and it is a matter of time until a liberal judge will overturn the ruling we seen here.