ILNews

Trademark board rules against Redskins name

Back to TopCommentsE-mailPrintBookmark and Share

A federal trademark board ruled Wednesday that the Washington Redskins nickname is "disparaging of Native Americans" and that the team's trademark protections should be canceled, a decision that applies new financial and political pressure on the team to change its name.

The 2-1 ruling from the Trademark Trial and Appeal Board came in a case that has been working its way through legal channels for more than two decades. It doesn't force the team to abandon the name, but it comes at a time of increasing criticism of team owner Dan Snyder from political, religious and sports figures who say it's time for a change.

The Redskins quickly announced that they will appeal, and the cancellation for trademark protections will be on hold while the matter makes its way through the courts. That process could take years.

It was the second time the board had issued an opinion on the case. A similar ruling from 1999 was overturned on a technicality in 2003.

"We've seen this story before," Redskins attorney Bob Raskopf said. "And just like last time, today's ruling will have no effect at all on the team's ownership of and right to use the Redskins name and logo. We are confident we will prevail once again."

The ruling involves six uses of the "Redskins" name trademarked by the team from 1967 to 1990. If it stands, it would mean the team can continue to use the name, but it would lose a significant portion of its ability to protect the financial interests connected to it. If others printed the name on sweatshirts or other apparel without permission, it would become more cumbersome to go after such groups.

Courts overturned the board's previous ruling in part because the plaintiffs waited too long to voice their opposition after the original trademarks were issued. The case was relaunched in 2006 by a younger group of Native Americans who had recently become adults and therefore would not have able to file a case earlier. The hearing was held in March of last year.

The chorus of critics against the use of the name has grown over the past year.

On Saturday, a major sector of the United Church of Christ voted to urge its 40,000 members to boycott the Redskins. Half of the U.S. Senate recently wrote letters to the National Football League urging a change, one of the letters stating that "racism and bigotry have no place in professional sports." D.C. Mayor Vincent Gray suggested Wednesday the name will almost certainly have to change if the team ever wants to build a new stadium in the city.

Snyder, who has vowed repeatedly never to change the name, declined comment as he walked off the field after a minicamp practice Wednesday. Redskins players have mostly avoided the topic, aware of a potential conflict because they are employed by the team.

"Our job as players is to focus on what we can on this field day-in and day-out and let the legal people take care of that stuff," quarterback Robert Griffin III said after practice. "And when it's the right time, then we can voice whatever it is we know about the situation."

The Redskins have responded to critics by creating an Original Americans Foundation to give financial support to Native American tribes. Suzan Shown Harjo, a lead figure in the trademark case, called the foundation "somewhere between a PR assault and bribery."

Supporters of a name change quickly hailed the decision.

"Daniel Snyder may be the last person in the world to realize this," Senate Majority Leader Harry Reid said on the Senate floor, "but it is just a matter of time until he is forced to do the right thing."
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  2. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

  3. This article is excellent and should be required reading for all attorneys and would-be attorneys, regardless of age or experience. I've caught myself committing several of the errors mentioned.

  4. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  5. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

ADVERTISEMENT