artvandalay's profile

Officials Overturn Call; Redskins Trademark Might Be Sacked

Time to RECAP the issue as this has gotten way out of hand, as usual. so as I understand it, the case is this: Licensed and Trademarked sports team nicknames(Redskins) are scrutiny from Native American groups for violating the 1946 federal law that prohibits the government from registering a trademark that disparages any race, religion or group. The legal question is whether or not the nicknames 'disparage' another group, in this case Native Americans. Now, the Trademark trial cited with Harjo and cancelled the Trademarks. However, the federal court took the 'lache' route and stated that the group waited too long to file a case against the Redskins (created in 1967) and therefore ruled in favor of the defendant. The Appeals court has just sent it back to the lower court for review as one of the named plaintiffs was only 1 years old when the Trademark 'Redskins' was formed. So here we are. Some feel this is another frivolous lawsuit causing millions of dollars and wasting hours of time with no real purpose fulfilled. Others think Harjo & Co. have a case and the Trademarks are in violation of the 1946 federal law. Now, I have yet to read where the NA groups are lobbying, or bringing lawsuits, against those professional teams with NA themed nicknames to change their team name. They have taken the smart approach and gone after the Trademark violation, because if they win then the Pro teams will have no other choice but to change their nickname and Trademark it so they don't lose further revenue from merchandise sales.

posted by artvandalay at 01:22 PM on July 18, 2005