The Trademark Trial and Appeal Board canceled six federal trademark registrations owned by the Washington NFL club today, ruling that the term "Redskins" was disparaging to "a substantial composite" of American Indians when the marks were granted between 1967 and 1990. The decision does not mean the Washington team must stop using the name.
The team's attorneys said the team will appeal. The team prevailed on appeal in an earlier iteration of the case.
"We are confident we will prevail once again, and that the Trademark Trial and Appeal Board's divided ruling will be overturned on appeal," said team attorney Robert Raskopf in a statement. "This case is no different than an earlier case, where the Board cancelled the Redskins' trademark registrations, and where a federal district court disagreed and reversed the Board."
The Washington NFL club retains its federal trademark rights pending appeal. And even if the club loses on appeal, it can continue to use the name, as it has for more than 80 years. But without federal trademark protection, others could potentially use the team's name and logos to sell merchandise with impunity, although owners of unregistered marks can still try to protect them through state statutes or common law. The team has two months to file the appeal.
Good grief.
Comment