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Redskins Trademark Cancelled
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Redskins Trademark Cancelled - July 8, 2015, 10:32 AM

Dan Synder is about to have a bad afternoon



ALEXANDRIA, Va. (AP) - A federal judge has ordered the Patent and Trademark Office to cancel registration of the Washington Redskins' trademark, ruling that the team name may be disparaging to Native Americans.

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The ruling Wednesday by Judge Gerald Bruce Lee affirms an earlier finding by an administrative appeal board.

In his 70-page ruling, Lee emphasized that the organization is still free to use the name if it wishes - the team would just lose some legal protections that go along with federal registration of a trademark.

The team had sued to overturn a ruling against it by the Trademark Trial and Appeal Board. The team argued that cancellation of its trademark infringed on its free-speech rights because it required the government to judge whether the name is offensive.

The organization can appeal.



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July 8, 2015, 11:48 AM

I feel like they have to keep fighting it for no other reason than freedom of speech.


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July 8, 2015, 11:59 AM

Interesting. So now trademarks and other IP can be invalidated if they're offensive.

Fun world we're living in.


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July 8, 2015, 01:09 PM

Quote:
Originally Posted by Fitz View Post
Interesting. So now trademarks and other IP can be invalidated if they're offensive.
That's been the law of the land for quite some time, didn't just get put in the books yesterday.

Ultimately it doesn't stop Snyder from making money off Redskins gear, just means anyone can start making and selling their own Redskins gear. Might be a good time to open your own Redskins merchandise store.


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July 8, 2015, 01:16 PM



Yeah I am old enough to know better. Thing is, I just don't care.
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July 9, 2015, 09:05 AM

Quote:
Originally Posted by G.Irish View Post
That's been the law of the land for quite some time, didn't just get put in the books yesterday.

Ultimately it doesn't stop Snyder from making money off Redskins gear, just means anyone can start making and selling their own Redskins gear. Might be a good time to open your own Redskins merchandise store.
What is the slippery slope is that anyone can consider anything offensive.
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July 9, 2015, 09:18 AM

The law itself remains as it always has been. Offensive material can not be trademarked. The issue comes alive today because today's media changes what a reasonable person is offended at. The government is probably right that the team name is probably considered derogatory by the majority of Americans today. I am sure Cowboys and Eagles fans find it offensive. Joking aside if they did in fact use the "reasonable person" standard, the trademark should probably be revoked.

I would hope that in borderline cases, the government would side with keeping the trademark intact.


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July 9, 2015, 09:30 AM

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. Joking aside if they did in fact use the "reasonable person" standard, the trademark should probably be revoked.
At last we can go back to using the term in it's derogatory sense!

Win!!!


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July 9, 2015, 01:43 PM

Synder complains that this ruling limits his free speech. I have a hard time buying that as the very nature of the trademark is to protect the brand and therefore it's profitability by offering the brand the exclusive use of said trademark. He can still freely speak however he chooses. He just can't sue others when their 'free speech' incorporates his trademark.

I would be curious about the trademark infringement lawsuits that were filed prior to this debacle. IMHO companies take trademark rights too far and Red Bull is a gleaming example of a creative interpretation of their rights.

I am in full support of the Redskins keeping the name but I am 100% against Synder as a human and more importantly as a local team owner. I still have my Washington Bullets basketball, screw the Wiz.
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