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US Patent Office Cancels Redskins Trademark (1 Viewer)

Snyder certainly will appeal, but...I think the end of the road is near. The Washington football team will have a new name very soon.

Damn. Did not expect to see that this morning.

 
Snyder certainly will appeal, but...I think the end of the road is near. The Washington football team will have a new name very soon.

Damn. Did not expect to see that this morning.
5 years ago I bought the official Glidden "Redskins burgundy" paint to use for my "mancave" in my first home. Good thing I sold that house last year, change is a comin'

 
And Snyder defends those trademarks with a vengeance too. Assuming I've got the right end of the stick (i.e. it's not some other law), those are what he used to tell Lavar Arrington to stop calling himself a "former Redskin" in some promotional materials not too long ago.

 
BusterTBronco said:
What should the new name be? I thought St. John's made a fantastic choice when they changed from Redmen to Red Storm.
In keeping with the "heritage" (if that's the right word), I would hope that they keep the same color scheme at least. That could limit options.

 
I've got to say, I did not see this coming. Smart play by the opponents of the team name...

 
What about Redhawks? The Blackhawks still use Nativer American imagery. Could we just become the Redhawks and keep everything else the same?

 
What about Redhawks? The Blackhawks still use Nativer American imagery. Could we just become the Redhawks and keep everything else the same?
Including all current team colors/uniforms/helmets and such? I think that's a great compromise for all involved.

 
What about Redhawks? The Blackhawks still use Nativer American imagery. Could we just become the Redhawks and keep everything else the same?
Including all current team colors/uniforms/helmets and such? I think that's a great compromise for all involved.
Yup keep everything but the name Redskins. When the University of Miami (OH) changed from Redskins, they want to Redhawks, but also changed the logo.

 
U.S. Patent Office Cancels Redskins Trademark Registration

The United States Patent and Trademark Office has canceled the Washington Redskins trademark registration, calling the football team’s name “disparaging to Native Americans.”

The landmark case, which appeared before the Trademark Trial and Appeal Board, was filed on behalf of five Native Americans. It was the second time such a case was filed.

“This victory was a long time coming and reflects the hard work of many attorneys at our firm,” said lead attorney Jesse Witten, of Drinker Biddle & Reath.

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 six different trademarks associated with the team, each containing the word “Redskin.”

“We are extraordinarily gratified to have prevailed in this case,” Alfred Putnam Jr., the chairman of Drinker Biddle & Reath, said. “The dedication and professionalism of our attorneys and the determination of our clients have resulted in a milestone victory that will serve as an historic precedent.”

The ruling does not mean that the Redskins have to change the name of the team. It does affect whether the team and the NFL can make money from merchandising because it limits the team’s legal options when others use the logos and the name on T shirts, sweatshirts, beer glasses and license plate holders.


In addition, Native Americans have won at this stage before. But the team and the NFL won an appeal to U.S. District Court. The team is likely to make the same appeal this time. Team officials are expected to make a statement this morning.

 
BusterTBronco said:
What should the new name be? I thought St. John's made a fantastic choice when they changed from Redmen to Red Storm.
The strange thing was that the Redmen name was based on their uniforms (I always believed at least) - their mascot (at games at least) wasn't even a native American type, it was a guy dressed in a red tuxedo and top hat. Maybe the origins stemmed from a native American imagery though - not really sure.

Syracuse also change their name from Orangemen to just Orange - maybe the oompa loompas protested.

I'm not trying to make light of this situation - and while this may habe been the wrong way to effect change - I do think it's time for a change.

 
So, Snyder has said he wants to honor the native American heritage, however, I can see them going completely away from something Indian centric....

Warriors, Indians, Navajos, etc....whatever Tons of options they can use to honor Indian Heritage but not be disparaging. Out of spite, I can see Snyder going away from it though...

 
So this is what the most important thing for our government to do? I know every generation says it but we seriously are a big turd streaking around a toilet bowl.

 
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It's beginning to seem like nothing can stop the political correctness storm in America.

 
As a Redskin fan I hate to lose the name but if it truly is offensive to some people then change it. I certainly haven't thought of it as derogatory when I have said it in the past but at the end of the day is it really that big of a deal? We will get used to the new name in time........

 
Washington Warriors imo.

Or

Washington Americans... I like names that tie in w/ the city being the capitol... LIke the Capitals, DC United, and Nationals. Wizards is the worst.

 
Washington Warriors imo.

Or

Washington Americans... I like names that tie in w/ the city being the capitol... LIke the Capitals, DC United, and Nationals. Wizards is the worst.
My vote is Senators. The name already has history in the city and doubt many in the area would have a problem with bringing back the name.

 
So this is what the most important thing for our government to do? I know every generation says it but we seriously are a big turd streaking around a toilet bowl.
:lmao: what do you think the job of a patent office is exactly? It's not exactly congress.

 
Since when was the Patent Office appointed as a political organization? Move over, EPA and IRS.
:goodposting:

Can you believe that darn Patent and Trademark Office, flying off the handle and making decisions on patents and trademarks like it's their job?

Who do they think they are, government officials tasked with granting or denying federal legal protections for intellectual property in accordance with the law or something?

 
As a Redskin fan I hate to lose the name but if it truly is offensive to some people then change it. I certainly haven't thought of it as derogatory when I have said it in the past but at the end of the day is it really that big of a deal? We will get used to the new name in time........
Thats a really good outlook on this. As a 49er fan I would be super bummed if my team name was going to forced change. In the end there is nothing we as fans can do but roll with it.

 
So can I open a web store and start selling redskins gear? Or would I have to wait for the appeals process?

 
It wouldn't surprise me to see Snyder give Washington the finger and change the name to Los Angeles (insert nickname here)

 
Since when was the Patent Office appointed as a political organization? Move over, EPA and IRS.
:goodposting:

Can you believe that darn Patent and Trademark Office, flying off the handle and making decisions on patents and trademarks like it's their job?

Who do they think they are, government officials tasked with granting or denying federal legal protections for intellectual property in accordance with the law or something?
This was a political decision by the patent office, not one that was based on law.

I don't think the name should be changed. You, obviously, believe that it should.

Either way, the end doesn't always justify the means.

This is a very slippery slope.

 
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It's beginning to seem like nothing can stop the political correctness storm in America.
This, if it was such a problem why did they not reject the patent years ago?

Because this entire discussion is BS and a political agenda.

If the government cares so much about what is offensive to the Native Americans... GIVE THEM THEIR DANG LAND BACK.

Until then, the government should shut up in the corner.

 
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Since when was the Patent Office appointed as a political organization? Move over, EPA and IRS.
:goodposting:

Can you believe that darn Patent and Trademark Office, flying off the handle and making decisions on patents and trademarks like it's their job?

Who do they think they are, government officials tasked with granting or denying federal legal protections for intellectual property in accordance with the law or something?
This was a political decision by the patent office, not one that was based on law.

I don't think the name should be changed. You, obviously, believe that it should.

Either way, the end doesn't always justify the means.

This is a very slippery slope.
It's not, though. Patent law explicitly states that racial slurs cannot be protected. That's one of the laws that the patent courts have been tasked with enforcing. It's one they've enforced a whole bunch of times in the past without triggering "slippery slope" arguments.

 
It's beginning to seem like nothing can stop the political correctness storm in America.
This, if it was such a problem why did they not reject the patent years ago?

Because this entire discussion is BS and a political agenda.

If the government cares so much about what is offensive to the Native Americans... GIVE THEM THEIR DANG LAND BACK.

Until then, the government should shut up in the corner or go reject.
Well, it's not THAT offensive...

Not using terms like "Redskins" is a decent compromise I think.

 
It's beginning to seem like nothing can stop the political correctness storm in America.
This, if it was such a problem why did they not reject the patent years ago?

Because this entire discussion is BS and a political agenda.

If the government cares so much about what is offensive to the Native Americans... GIVE THEM THEIR DANG LAND BACK.

Until then, the government should shut up in the corner or go reject.
They did reject the patent years ago. Washington then appealed that decision, and that decision was tossed out not because it was wrong, but because of a legal technicality called "standing". Basically, a higher court said that the name might be racist (and therefore ineligible to be trademarked), but the guys who sued were too old to claim damages. So the entire suit had to be restarted with a younger set of plaintiffs.

Edit: the first suit was filed in 1992, and was decided in 1999. So not just years ago, but decades ago.

 
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Since when was the Patent Office appointed as a political organization? Move over, EPA and IRS.
:goodposting:

Can you believe that darn Patent and Trademark Office, flying off the handle and making decisions on patents and trademarks like it's their job?

Who do they think they are, government officials tasked with granting or denying federal legal protections for intellectual property in accordance with the law or something?
This was a political decision by the patent office, not one that was based on law.

I don't think the name should be changed. You, obviously, believe that it should.

Either way, the end doesn't always justify the means.

This is a very slippery slope.
It's not, though. Patent law explicitly states that racial slurs cannot be protected. That's one of the laws that the patent courts have been tasked with enforcing. It's one they've enforced a whole bunch of times in the past without triggering "slippery slope" arguments.
If so, are we saying that the term is only a new racial slur, or that it wasn't a big enough deal until now to do something about it?

 
It's beginning to seem like nothing can stop the political correctness storm in America.
This, if it was such a problem why did they not reject the patent years ago?

Because this entire discussion is BS and a political agenda.

If the government cares so much about what is offensive to the Native Americans... GIVE THEM THEIR DANG LAND BACK.

Until then, the government should shut up in the corner or go reject.
They did reject the patent years ago. Washington then appealed that decision, and that decision was tossed out not because it was wrong, but because of a legal technicality called "standing". Basically, a higher court said that the name might be racist (and therefore ineligible to be trademarked), but the guys who sued were too old to claim damages. So the entire suit had to be restarted with a younger set of plaintiffs.

Edit: the first suit was filed in 1992, and was decided in 1999. So not just years ago, but decades ago.
So if it again takes 7 years to figure out, what happens in regards to the name between now and then? Can Danny boy still use it? Can the NFL or the Patent office or whomever force him to stop?

 
Since when was the Patent Office appointed as a political organization? Move over, EPA and IRS.
:goodposting:

Can you believe that darn Patent and Trademark Office, flying off the handle and making decisions on patents and trademarks like it's their job?

Who do they think they are, government officials tasked with granting or denying federal legal protections for intellectual property in accordance with the law or something?
This was a political decision by the patent office, not one that was based on law.

I don't think the name should be changed. You, obviously, believe that it should.

Either way, the end doesn't always justify the means.

This is a very slippery slope.
It's not, though. Patent law explicitly states that racial slurs cannot be protected. That's one of the laws that the patent courts have been tasked with enforcing. It's one they've enforced a whole bunch of times in the past without triggering "slippery slope" arguments.
The interesting thing though is that as I read the law, in order to be cancelled the name had to be deemed offensive at the time it was registered, not using today's standards.

 
Since when was the Patent Office appointed as a political organization? Move over, EPA and IRS.
:goodposting:

Can you believe that darn Patent and Trademark Office, flying off the handle and making decisions on patents and trademarks like it's their job?

Who do they think they are, government officials tasked with granting or denying federal legal protections for intellectual property in accordance with the law or something?
This was a political decision by the patent office, not one that was based on law.

I don't think the name should be changed. You, obviously, believe that it should.

Either way, the end doesn't always justify the means.

This is a very slippery slope.
It's not, though. Patent law explicitly states that racial slurs cannot be protected. That's one of the laws that the patent courts have been tasked with enforcing. It's one they've enforced a whole bunch of times in the past without triggering "slippery slope" arguments.
I have decided that I will from this day forth consider "Adam Harstad" to be a racial slur. It's offensive to me and has no place in a civilized society.

Please change your tag or I will be forced to seek legal action.

What? You don't agree that "Adam Harstad" is a racial slur?!?!?

How dare you tell me what is and is not offensive to me?!?!

You will be hearing from my attorney very soon.

 
If so, are we saying that the term is only a new racial slur, or that it wasn't a big enough deal until now to do something about it?
Protests surrounding the name were ongoing back in the '70s. The trademark suit was first filed in 1992. Nobody was waiting until now to do something about it- they've been doing things about it for decades. It's just that Dan Snyder is very rich with a lot of well-paid lawyers capable of deploying every delaying tactic possible, so litigation takes years to resolve.

 
My question is, if this was a legit answer tot he problem, why wasnt it done a long time ago?
Well, it was addressed in 1992, but an appeal was successful on a technicality (reportedly; I don't know the details). Either way, this isn't a new issue. But, it certainly has gained traction in recent years, and Snyder's defiance/insensitivity only served to accelerate the final outcome, imo.

 

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