Patent Office Cancels 'Disparaging' Redskins Trademark
Registration
by Breitbart Sports 18 Jun 2014,
7:50 AM PDT
In a landmark ruling on Wednesday,
the United States Patent Office
canceled six Washington Redskins
trademarks because it determined that "Redskin" is
"disparaging" to Native Americans.
As USA Today noted before the ruling, the Redskins would still be
allowed to use the mark "even if it loses on appeal." But since
"federally registered trademarks keep others from selling items with the
team's logos," the effect of the ruling "would be large" and
dent the team's profits even if the Redskins "try to keep unauthorized
merchandisers from using the marks through common law and state statues."
As the Trademark Trial and Appeal
Board emphasized in the 2-1 ruling, federal law "prohibits registration of
marks that may disparage persons or bring them into contempt or
disrepute." The Board said it found the evidence "overwhelmingly supports
a determination that" the team's name is "disparaging."
Administrative Trademark Judge
Karen Kuhlke noted in the opinion that the respondent introduced "evidence
that some in the Native American community do not find the term 'Redskin'
disparaging when it is used in connection with professional football," but
she said it ultimately "does not negate the opinions of those who find it
disparaging."
"The ultimate decision is
based on whether the evidence shows that a substantial composite of the Native American population found the
term 'Redskins' to be disparaging when the respective registrations
issued," she wrote. "Therefore, once a substantial composite has been
found, the mere existence of differing opinions cannot change the
conclusion."
Kuhlke said the Judges concluded
that, "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, in violation of Section 2(a) of the
Trademark Act of 1946, 15 U.S.C. § 1052(a)."
Kuhkle also noted that the
"decision concerns only the statutory right to registration" and the
Board lacks the "statutory authority to issue rulings concerning the right
to use trademarks."
Five Native American plaintiffs
testified that "Redskin" was disparaging, with one plaintiff equating
it to the "N-word."
“This victory was a long time
coming and reflects the hard work of many attorneys at our firm,” lead attorney
Jesse Witten said in a statement.
In May, 50 U.S. Senators signed
a letter urging the NFL to force the team to change its name. And Senate
Majority Leader Harry Reid (D-NV) has said the name could be changed within the
next three years. Redskins owner Dan Snyder has vowed to "NEVER"
change the team's name and NFL Commissioner Roger Goodell, after first saying
that the NFL had to listen if even one person were offended, has repeatedly
supported the team's name since.
The Redskins have cited a Public
Policy Polling poll that found "90 percent of Republicans, 59 percent of
Democrats, and 65% of independents" believe the team should not change
their name in defense of the team's name. That poll also found that 18% feel
the team should change their name.
“This poll, along with the poll
taken among Native Americans by the Annenberg Institute, demonstrates
continued, widespread and deep opposition to the Redskins changing our name,”
the Redskins said in a statement in January. ”The results of this poll are
solidly in line with the message we have heard from fans and Native Americans
for months – our name represents a tradition, passion and heritage that honors
Native Americans. We respect the point
of view of the small number of people who seek a name change, but it is
important to recognize very few people agree with the case they are making.”
Native Americans
Bureau
of Indian Affairs is a bureau for the U.S.
Department of the Interior.
Note: National
Indian Gaming Commission is a commission for the U.S. Department of the Interior.
Sally
Jewell is the secretary for the U.S.
Department of the Interior, and the chair for the National Park Foundation.
Bryan Traubert is
a director at the National Park
Foundation, and married to Penny S.
Pritzker.
Penny S. Pritzker
is married to Bryan Traubert, a
member of the Commercial Club of
Chicago, the secretary at the U.S.
Department of Commerce for the Barack Obama administration, was the national finance chair, fundraiser
for the 2008 Barack Obama presidential
campaign, a co-chair for the 2009
Barack Obama inaugural committee, a fundraiser, national co-chair for the 2012 Barack Obama presidential campaign,
a contributor for the 2013 Barack Obama
inaugural committee, the host for the Barack
Obama fund-raising dinner, 7/2/2008, and Craig M. Robinson’s basketball coach for the children's team.
U.S.
Patent and Trademark Office is a division of the U.S. Department of Commerce.
Craig M. Robinson’s
basketball coach to children's team was Penny
S. Pritzker, was the men's basketball team assistant coach at Northwestern University, and his sister
is Michelle Obama.
Christine E.
Brennen is a trustee at Northwestern University,
and a sports columnist for USA Today.
Mark
A. Angelson is a trustee at Northwestern University,
and a was a partner at Sidley Austin LLP.
Michelle
Obama is Craig M. Robinson’s
sister, and was a lawyer at Sidley Austin
LLP.
Barack
Obama was an intern at Sidley Austin
LLP.
Newton
N. Minow is a senior counsel at Sidley
Austin LLP, and a member of the Commercial
Club of Chicago.
R.
Eden Martin is counsel at Sidley
Austin LLP, and the president of the Commercial
Club of Chicago.
Commercial Club of Chicago,
Members Directory A-Z (Past Research)
Tuesday, December 17, 2013
Thomas
A. Cole is a partner at Sidley
Austin LLP, a member of the Commercial
Club of Chicago, and a trustee at the University of Chicago.
University
of Chicago Booth School of Business is a graduate school at the University of Chicago.
John
P. Amboian is a member of the Commercial
Club of Chicago, and a council member for the University of Chicago Booth School of Business.
Norman R. Bobins
is a member of the Commercial Club of
Chicago, and a council member for the University
of Chicago Booth School of Business.
John P. Calamos
Sr. is a member of the Commercial
Club of Chicago, and a council member for the University of Chicago Booth School of Business.
Dennis H.
Chookaszian is a member of the Commercial
Club of Chicago, and a council member for the University of Chicago Booth School of Business.
James R.
Donnelley is a member of the Commercial
Club of Chicago, and a council member for the University of Chicago Booth School of Business.
James J. Drury
III is a member of the Commercial
Club of Chicago, and a council member for the University of Chicago Booth School of Business.
John A. Edwardson
is a member of the Commercial Club of
Chicago, and a council member for the University
of Chicago Booth School of Business.
Lawrence I. Field
is a member of the Commercial Club of
Chicago, and a council member for the University
of Chicago Booth School of Business.
David
W. Fox is a member of the Commercial
Club of Chicago, and a council member for the University of Chicago Booth School of Business.
Cheryl A. Francis
is a member of the Commercial Club of
Chicago, and a council member for the University
of Chicago Booth School of Business.
John
P. Gould is a member of the Commercial
Club of Chicago, and a professor at the University of Chicago Booth School of Business.
Dennis J. Keller
is a member of the Commercial Club of
Chicago, and a council member for the University
of Chicago Booth School of Business.
William T. Lynch
Jr. is a member of the Commercial
Club of Chicago, and a council member for the University of Chicago Booth School of Business.
Joseph D.
Mansueto is a member of the Commercial
Club of Chicago, and a council member for the University of Chicago Booth School of Business.
Robert C.
McCormack is a member of the Commercial
Club of Chicago, and a council member for the University of Chicago Booth School of Business.
Paul
E. Purcell is a member of the Commercial
Club of Chicago, and a council member for the University of Chicago Booth School of Business.
Fred G.
Steingraber is a member of the Commercial
Club of Chicago, and a council member for the University of Chicago Booth School of Business.
David
J. Vitale is a member of the Commercial
Club of Chicago, and a council member for the University of Chicago Booth School of Business.
Clifford S. Asness
is a member of the Commercial Club of
Chicago, a director at the International
Rescue Committee, was a leadership council member for the Robin Hood Foundation, and a council
member for the University of Chicago Booth
School of Business.
Foundation
to Promote Open Society was a funder for the International Rescue Committee, and the Robin Hood Foundation.
George
Soros was the chairman for the Foundation
to Promote Open Society.
Robert
S. Hamada is a member of the Commercial
Club of Chicago, a director at the National
Bureau of Economic Research (think
tank), and was the dean emeritus for the University of Chicago Booth School of Business.
John
P. Gould is a member of the Commercial
Club of Chicago, a director at the National
Bureau of Economic Research (think
tank), a professor at the University of Chicago,
and a professor at the University of
Chicago Booth School of Business.
Robert Rothman is
a council member for the University of
Chicago Booth School of Business, and part-owner for the Washington Redskins.
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