Redskins lose trademark

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Rob Lister
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Redskins lose trademark

Post by Rob Lister » Thu Jun 19, 2014 11:18 am

USPTO wrote:“We decide, based on the evidence properly before us, that these registrations must be cancelled because they were disparaging to Native Americans at the respective times they were registered,”
http://tracking.si.com/2014/06/18/washi ... cancelled/

Wow.

Maybe this belongs in the politics forum.

I don't really have an opinion as to whether it is derogatory.
Spoiler:
Image
I do have an opinion as to whether the USPTO should have the authority to reverse their prior rulings; that's bullshit.

I suppose the Redskin owners can also challenge it; they'd probably win if they took it up high enough. I don't think they'll fight it.

Here's a link to the USPTO page that links to the official decision and the media package.
http://www.uspto.gov/news/DCfootballtrademark.jsp

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Re: Redskins lose trademark

Post by Doctor X » Thu Jun 19, 2014 11:45 am

I thought about this a bit given that the owner claims the name was originally "in honor" of some of the first Native American football players who played for the team. He also claims that there are Native American organizations who like it, "it is the most popular team on reservations," blah . . . blah . . . blah.

I would ask this: would someone feel comfortable approaching a Native American he does not know and call him "Redskin?"

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Re: Redskins lose trademark

Post by Abdul Alhazred » Thu Jun 19, 2014 1:37 pm

No derogatory trademarks allowed?

Talk about legislating from the bench.

This is not a good precedent. No trademark is safe if the party in power dislikes the trademark holder.

Whatever works and fuck rule of law.
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Re: Redskins lose trademark

Post by Abdul Alhazred » Thu Jun 19, 2014 1:41 pm

Someone should do anime porn of Aunt Jemima having a threesome with Uncle Ben and the Cream O' Wheat guy.

The trademarks are derogatory, therefore null and void.

Any nice person want to invest?
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Re: Redskins lose trademark

Post by shemp » Thu Jun 19, 2014 1:45 pm

Next up: Spic and Span.
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Re: Redskins lose trademark

Post by ed » Thu Jun 19, 2014 2:06 pm

Abdul Alhazred wrote:Someone should do anime porn of Aunt Jemima having a threesome with Uncle Ben and the Cream O' Wheat guy.
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Re: Redskins lose trademark

Post by Grammatron » Thu Jun 19, 2014 5:50 pm

Abdul Alhazred wrote:No derogatory trademarks allowed?

Talk about legislating from the bench.

This is not a good precedent. No trademark is safe if the party in power dislikes the trademark holder.

Whatever works and fuck rule of law.
This is within the rule of law. There was a challenge brought up, based on existing rules. The challenge was deemed to be sufficient to take away the trademark. However, there's an appeal process during which Redskins retain their exclusive trademark.

Never mind that this is the second time this happened. Never mind that the appeal in the first case lasted 17 years. Never mind that the appeal was upheld on a technicality. Never mind this is basically refiling of that case.

But hey, don't let ignorance stop you from righteous indignation.

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Re: Redskins lose trademark

Post by Abdul Alhazred » Thu Jun 19, 2014 6:06 pm

Grammatron wrote:But hey, don't let ignorance stop you from righteous indignation.
So my anime porn idea won't fly? :evil:
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Re: Redskins lose trademark

Post by Witness » Fri Jun 20, 2014 1:02 am

NSFW:
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Re: Redskins lose trademark

Post by grayman » Fri Jun 20, 2014 6:01 am

Image
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Re: Redskins lose trademark

Post by Grammatron » Fri Jun 20, 2014 6:45 pm

I've been thinking about this. Why are Redskins so resistant to changing their name, would it not bring in millions of dollars in merchandising revenue from fans buying all new gear? It is sure to offset any cost they would incur in changing their name on the all their commercial properties and products.

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Re: Redskins lose trademark

Post by Doctor X » Sat Jun 21, 2014 3:04 am

Owner is stupid and very, very rich.

Such people do not like to hear they cannot do something. Oppositional behavior they never discarded.

In the rain.

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Re: Redskins lose trademark

Post by Tiosylanyl » Sun Jun 22, 2014 11:15 pm

I have a solution to the problem.

Image

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Re: Redskins lose trademark

Post by Anaxagoras » Mon Jun 23, 2014 2:22 am

Grammatron wrote:I've been thinking about this. Why are Redskins so resistant to changing their name, would it not bring in millions of dollars in merchandising revenue from fans buying all new gear? It is sure to offset any cost they would incur in changing their name on the all their commercial properties and products.
Because then they would need a new song too? "Hail to the Redskins" would have to be replaced.

Just looked it up. They actually changed it in the 1980s. These were the previous lyrics:
The previous lyrics (1962 to '80s) were:

Hail to the Redskins!

Hail, victory!

Braves on the warpath!

Fight for Old D.C.!

Scalp 'em, swamp 'um

We will take 'um big score

Read 'um, Weep 'um, touchdown

We want heap more

Fight on, fight on, till you have won

Sons of Washington

Rah! Rah! Rah!
Nah, nothing insensitive about that! So, they changed the song in the past.

Reminds me of what used to be acceptable though: Have you seen Disney's Peter Pan lately? Whole lot of that same fake "Indian talk" you used to see everywhere (lots of "heap big", etc.). No way Disney would do that with a new movie today.
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Re: Redskins lose trademark

Post by Rob Lister » Thu Dec 24, 2015 12:04 pm

Looks like they might well get it back.

In a different case brought before United States Court of Appeals involving a trademark for an Asian-American band called The Slants (notice I made that italic :) ) they ruled that the USPTO has no right to make the determination that a trademark is disparaging.

Federal Circuit Overturns Prohibition On "Disparaging" Trademarks
The government cannot refuse to register disparaging marks because it disapproves of the expressive messages conveyed by the marks. It cannot refuse to register marks because it concludes that such marks will be disparaging to others. The government regulation at issue amounts to viewpoint discrimination, and under the strict scrutiny review appropriate for government regulation of message or viewpoint, we conclude that the disparagement proscription of §2(a) is unconstitutional. Because the government has offered no legitimate interests justifying §2(a), we conclude that it would also be unconstitutional under the intermediate scrutiny traditionally applied to regulation of the commercial aspects of speech.
http://www.cafc.uscourts.gov/sites/defa ... 2015.1.PDF

This is prime Supreme Court fodder right here, boys. It is pretty easy to guess how each and every member will rule; a pretty even split with the lower court upheld.

The NFL might be able to do something however. I straddle the fence on this one. And boy! do my balls hurt.

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Re: Redskins lose trademark

Post by Doctor X » Thu Dec 24, 2015 4:02 pm

Our Man McCann from Deflategate Fame has written on this. While not exactly endorsing the use of the name and all of that, he agrees with the basic principles.

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out."--Don
DocX: FTW.--sparks
"Doctor X wins again."--Pyrrho
"Never sorry to make a racist Fucktard cry."--His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone."--clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far."--Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig."--Pyrrho
"Try a twelve step program and accept Doctor X as your High Power."--asthmatic camel
"just like Doc X said." --gnome

WS CHAMPIONS X3!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X5!!!!!
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