Redskins Trademark Cancellation Could be Catalyst for Change

For a second time, the United States Patent and Trademark Office (USPTO) has decided to cancel the Washington Redskins’ trademark registration. The first case was appealed and won by the team. But this case; Blackhorse v. Pro Football, Inc., filed in 2006, won’t go away as easily as the first. Although the petitioners have their work cut out for them, they are helped by the current momentum in the fight by those that want the name changed.

The first time a case was filed (in 2003) the appeal was overturned partly because the courts decided that the plaintiffs were too old, as well as some issues with Statutes of Limitation. This time there is a younger group of Native Americans involved who are better represented and better prepared; and the USPTO’s Trademark Trial and Appeal Board (TTAB) canceled six federal trademarks held by the Redskins involving the team’s name, calling it “disparaging to Native Americans.”

The cancellations are pending and the Redskins will no doubt appeal again. Until then, while this landmark move by the USPTO doesn’t require the team to change its name, it will most likely accelerate what looks to be an inevitable move because of the reason the move was made.

Senator Harry Reid, recently vocal in the fight to change the name, celebrated upon hearing the news.

“Every time they hear this name is a sad reminder of a long tradition of racism and bigotry,” he said, “The writing is on the wall. And it’s on the wall in giant blinking neon lights. The name will change and justice will be done.

The trademark office states that it:

…has determined, based on the evidence presented by the parties and on applicable law, that the Blackhorse petitioners carried their burden of proof. By a preponderance of the evidence, the petitioners established that the term “Redskins” was disparaging of Native Americans, when used in relation to professional football services, at the times the various registrations involved in the cancellation proceeding were issued. Thus, in accordance with applicable law, the federal registrations for the “Redskins” trademarks involved in this proceeding must be cancelled.

It goes on to say:

This decision by the TTAB does not necessarily put an end to the larger dispute between the parties, as Pro Football, Inc. may seek review by a federal court of today’s decision. The registrations will remain “on the federal register of marks” and not be listed in the USPTO’s records as “cancelled” until after any judicial review is completed.

Until such time as the cancellations have been reviewed and are in effect, the Redskins’ name protection remains in effect. If the case were not to be appealed, the team would lose the legal benefits of the trademark protection. It’s highly unlikely that this will be the case, however.

While this case cannot directly force Dan Snyder to change the name of his team, make no mistake… it will serve as a catalyst for it because it provides ammunition for the folks in the fight to have it changed. It would probably take a huge effort from other Native Americans to keep the name as it is now and I haven’t seen any such organization of much size currently in existence. There are American Indianswho don’t mind or even support the mascot and name but so far, these folks haven’t organized in a way that is influencial enough.

Note: the decision so far, does not affect the logo according to the USPTO.

Hail.