June 19, 2014
Yesterday, the U.S. Patent and Trademark Office canceled the Washington Redskins’ trademark registration, deciding that the team name was a racial slur against Native Americans. The 99-page decision called the team’s name and logo disparaging — or in other words, racist — bringing a huge sigh of relief from ChangeTheMascot.org, a group of Native Americans who have been offended by sports mockery for decades.
Federal trademark law does not permit registration of trademarks that “may disparage” individuals or groups or “bring them into contempt or disrepute.” The ruling pertains to 6 different trademarks associated with the team, each containing the word “Redskin.”
Although the ruling finally set a precedent against team names that are offensive to ethnic groups, it was largely symbolic in nature. The ruling cannot stop the team from selling T-shirts and other paraphernalia with the “Redskins” logo, but it also cannot block counterfeit merchandise with the same logo from entering the country. Without a trademark, the Redskins lose all legal protection against infringement, effectively hindering the team from all rights to exclusivity.
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The ruling does not force the Redskins to change its name, but it is a move they may very well consider if they wish to protect their name and an exclusive right to their logo and merchandise.
An increasingly vocal group of Native Americans, lawmakers, former players and others have been very active recently in trying to persuade team officials to change the name. This ruling could very well make a name change reality.
including yesterday’s trademark ruling against the
Washington Redskins and their “Indian-themed” team name.
