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Why the Redskins Trademark Ruling Should Terrify You
The Federalist ^ | June 19, 2014 | Robert Tracinski

Posted on 06/19/2014 8:16:53 PM PDT by 2ndDivisionVet

Anyone deemed politically incorrect is now outside the protection of the law.

Like most people, I haven’t been all that interested in the controversy over whether the name of the Washington Redskins is offensive. Personally, I’m more offended that Washington, DC, has become the kind of megalopolis that can support an NFL team. If I had my way, it would go back to being a humid, swampy backwater with impassable mud roads. Pierre L’Enfant has much to answer for.

But I think everyone should be terrified by the new ruling by the US Patent Office cancelling the team’s trademark.

The ruling was based on a dubious argument that “redskins” is a slur against Native Americans. Well, then maybe we’d better rename the state of Oklahoma, which drew its name from Choctaw words that mean “red people.” Or maybe we should petition the US Army to decommission the attack helicopter it named after a people it defeated in 1886. Then again, forget I mentioned it. I don’t want to give anyone ideas.

This name-bullying has become a kind of sport for self-aggrandizing political activists, because if you can force everyone to change the name of something—a sports team, a city, an entire race of people—it demonstrates your power. This is true even if it makes no sense and especially if it makes no sense. How much more powerful are you if you can force people to change a name for no reason other than because they’re afraid you will vilify them?

Given the equivocal history of the term “redskins” and the differing opinions—among Native Americans as well as everyone else—over whether it is offensive, this was a subjective judgment. (One observer suggests a list of other sports names that could just as plausibly be considered offensive.) When an issue is subjective, it would be wise for the government not to take a stand and let private persuasion and market pressure sort it out.

Ah, but there’s the rub, isn’t it? This ruling happened precisely because the campaign against the Redskins has failed in the court of public opinion. The issue has become the hobby horse of a small group of lefty commentators and politicians in DC, while regular Washingtonians, the people who make up the team’s base of fans and customers, are largely indifferent. So the left resorted to one of its favorite fallbacks. If the people can’t be persuaded, use the bureaucracy—in this case, two political appointees on the Trademark Trial and Appeal Board.

That’s what is disturbing about this ruling. Our system of government depends on the impartial administration of the laws by the executive. In this case, executive officials declared that a private company doesn’t deserve the protection of the law: if the ruling survives an appeal in the courts, the federal government will stop prosecuting violations of the team’s intellectual property rights, potentially costing it millions of dollars.

This ruling isn’t a slippery slope. It’s a slope we’ve already slid down: bureaucrats in Washington are now empowered to make subjective decrees about what is offensive and what will be tolerated, based on pressure from a small clique of Washington insiders. Anyone who runs afoul of these decrees, anyone branded as regressive and politically incorrect, is declared outside the protection of the federal government.

That this is happening, and that we have no idea where it will stop, is what should terrify us—even if, like me, you don’t particularly care one way or the other about the Washington Redskins.


TOPICS: Business/Economy; Conspiracy; Sports
KEYWORDS: fascism; football; redskins; sports

1 posted on 06/19/2014 8:16:53 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

In Europe you can be arrested for racially offending someone. This is what they are trying to do here. Coming soon...


2 posted on 06/19/2014 8:22:56 PM PDT by bigtoona
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To: 2ndDivisionVet

You really think even LIVs will tolerate this bs not saying a word crapola? It’s gonna sink in to some.

Like telling your kid not to do something.....


3 posted on 06/19/2014 8:23:32 PM PDT by bicyclerepair (The zombies here elected alcee hastings. TERM LIMITS ... TERM LIMITS)
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To: 2ndDivisionVet
That this is happening, and that we have no idea where it will stop, is what should terrify us—even if, like me, you don’t particularly care one way or the other about the Washington Redskins.

You had me and then you lost me. If you don't particularly care ... then you don't particularly care ... know what I mean?

4 posted on 06/19/2014 8:23:45 PM PDT by dr_lew
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To: bigtoona

The national divorce is overdue.


5 posted on 06/19/2014 8:24:48 PM PDT by 2ndDivisionVet (I will raise $2Million for ANY 2016 pro-2nd Amendment candidate.)
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To: 2ndDivisionVet

The name “free republic” offends me. I think it should be banned as it may induce people to rebell against the “state”.

Sincerely Valerie Jarrett


6 posted on 06/19/2014 8:29:23 PM PDT by minnesota_bound
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To: 2ndDivisionVet
 photo Redskins_zps403f33a0.png
7 posted on 06/19/2014 8:29:25 PM PDT by FatherofFive (Islam is evil and must be eradicated)
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To: 2ndDivisionVet

This is merely a slight extension of what the IRS was (is) doing to influence elections.


8 posted on 06/19/2014 8:29:35 PM PDT by DBrow
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To: 2ndDivisionVet
the federal government will stop prosecuting violations of the team’s intellectual property rights

This is not true. The feds were not previously prosecuting violations of the team's IP rights. The team will just lose the possibility of a particular cause of action.

9 posted on 06/19/2014 8:30:01 PM PDT by aposiopetic
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To: 2ndDivisionVet

10 posted on 06/19/2014 8:30:49 PM PDT by FreeInWV (Have you had enough change yet?)
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To: 2ndDivisionVet

I stand with the owner of the Redskins. Here is what he had to say about the controversy:

http://files.redskins.com/pdf/Letter-from-Dan-Snyder-032414.pdf


11 posted on 06/19/2014 8:35:22 PM PDT by FreeInWV (Have you had enough change yet?)
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To: 2ndDivisionVet

Liberals are doing this because if they can get away with this, they can get away with changing ANYTHING they want because its offensive to THEM..what next, the Blackhawks..the Cleveland Indians..the left is all about power and control, like they give a rats ass about Native Americans, please, they could care less, this is all about ceasing opportunity to gain more control over our lives


12 posted on 06/19/2014 8:36:34 PM PDT by Sarah Barracuda
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To: 2ndDivisionVet
This name-bullying has become a kind of sport for self-aggrandizing political activists, because if you can force everyone to change the name of something—a sports team, a city, an entire race of people—it demonstrates your power. This is true even if it makes no sense and especially if it makes no sense. How much more powerful are you if you can force people to change a name for no reason other than because they’re afraid you will vilify them?

Same logic for the gay activists.....if you can force someone to bake a cake or take pictures for your "wedding", you got da power.
13 posted on 06/19/2014 8:38:57 PM PDT by Girlene (Hey NSA!)
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To: bigtoona
FLipper always kind of creeped me out when I was a kid.

The Miami Dolphins offend me.

Who do I contact?

14 posted on 06/19/2014 8:42:44 PM PDT by Mygirlsmom (Tea: A beverage best served cold. With RINO meat.)
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To: 2ndDivisionVet

Unprog books will be deemed unworthy of copyright protection.


15 posted on 06/19/2014 8:45:00 PM PDT by gasport (Will operate for food.)
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To: dr_lew

You easily lost then. It’s easy to see what he’s saying. The ‘Redskins’ issue is not particularly one to care about.

The real issue to care about is a small clique in government that applies the law selectively, targeting the politically incorrect even though the public could care less.


16 posted on 06/19/2014 8:45:53 PM PDT by Hostage (ARTICLE V)
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To: 2ndDivisionVet
This guy has it right.

Some years ago the Washington Compost stopped referring to the Notre Dame teams as the "Fighting Irish" and called them instead the "Irish." As you may suspect from my username, I am an American of Irish descent. I am not an Irish-American - I agree with Teddy Roosevelt - no hyphenated Americans here.

We ARE the "Fighting Irish!" My family came over here from the Auld Sod - legally, of course - mostly as refugees from An Gorta Mor, some earlier. We fought for eight centuries to overthrow the tyranny to which we were subjected, and we have fought here to preserve this Nation. Don't insult me by dropping the "Fighting" from our name! We earned it!

Back to the Redskins. The term "Redskins" may well be disparaging. Still, we have this little thingy called the 1st Amendment that guarantees Freedom of Speech. Very limited exceptions to that Freedom.

It protects flag-burners.
It protects pornographers.
It protects the Jihadists who seek to undo our Nation and bring Death upon us all.
It protects the toxic lyrics of screeds by Kanye West and others - "n" word, "mf", etc.
I, as a Christian, am highly offended by the text of Kanye West's "works" and the works of others of his ilk. They profane my religion, they profane the sweat and sacrifice of my ancestors, they profane everything I believe in.

Guess I'll take a trip down the road to the Patent Office.



America demands Justice for the Fallen of Benghazi!

O stranger, tell the Lacedaemonians that we lie here, obedient to their command.

Listen, O isles, unto me; and hearken, ye people, from far; The LORD hath called me from the womb; from the bowels of my mother hath he made mention of my name. (Isaiah 49:1 KJV)

17 posted on 06/19/2014 8:47:43 PM PDT by ConorMacNessa (HM/2 USN, 3/5 Marines RVN 1969 - St. Michael the Archangel, defend us in Battle!)
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To: 2ndDivisionVet
Our system of government depends on the impartial administration of the laws by the executive. In this case, executive officials declared that a private company doesn’t deserve the protection of the law: if the ruling survives an appeal in the courts, the federal government will stop prosecuting violations of the team’s intellectual property rights, potentially costing it millions of dollars.

This ruling isn’t a slippery slope. It’s a slope we’ve already slid down: bureaucrats in Washington are now empowered to make subjective decrees about what is offensive and what will be tolerated, based on pressure from a small clique of Washington insiders. Anyone who runs afoul of these decrees, anyone branded as regressive and politically incorrect, is declared outside the protection of the federal government.

That this is happening, and that we have no idea where it will stop, is what should terrify us—even if, like me, you don’t particularly care one way or the other about the Washington Redskins.

PFL

18 posted on 06/19/2014 8:47:44 PM PDT by Alex Murphy ("the defacto Leader of the FR Calvinist Protestant Brigades")
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To: 2ndDivisionVet
The team got circumcised and are now known as the foreskins!
19 posted on 06/19/2014 8:48:52 PM PDT by dalereed
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To: 2ndDivisionVet

In the spirit of the spineless GOPe I think we have to go with the flow here.

We must bend to the wishes of our know it all, busybody white liberal bretheren who take it upon themselves to speak in the name of the noble American feather Indian. So the Redskin name must go!

However, we now have the chance to pick a name that amuses us. And we need to get on with that task.

I’m thinking that maybe we could go with the ‘Racist Whiteys’- this is a name that our leftist friends routinely use, so there can’t be anything objectionable about it. But it is kind of long, so maybe we should just shorten it to the Racists. Our leftist friends and their PC allies on the right think that name applies to a wide portion of the American people- so who can complain?

Go Racists! It has a ring to it...


20 posted on 06/19/2014 8:49:18 PM PDT by Pelham (California, what happens when you won't deport illegals)
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To: 2ndDivisionVet

Bookmark


21 posted on 06/19/2014 8:50:13 PM PDT by aquila48
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To: Hostage

I find it hard to embrace the abstract and abandon the concrete.


22 posted on 06/19/2014 8:59:27 PM PDT by dr_lew
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To: Girlene

Exactly.


23 posted on 06/19/2014 9:08:54 PM PDT by Yardstick
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To: 2ndDivisionVet

I think I heard ths some gay group is getting ready to go after the Rams and the Packers.

Just a rumor for now.


24 posted on 06/19/2014 9:15:32 PM PDT by InterceptPoint
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To: 2ndDivisionVet

Why is the name Redskins disparaging? Is the Red Man ashamed of his skin color?


25 posted on 06/19/2014 9:21:10 PM PDT by TigersEye ("No man left behind" means something different to 0bama.)
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To: dr_lew

You mean your opinion about this is based on whether or not you’re a Washington Redskins fan? That seems pretty shallow.


26 posted on 06/19/2014 9:22:19 PM PDT by BykrBayb (Wagglebee, welcome home we missed you! ~ Þ)
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To: BykrBayb

You’re not going to phase me. I’m a “Redskins fan” in the sense that this team and its logo have been familiar to me for lo these many years without any suggestion of offense. How about the logo itself? It’s entirely dignified. Now suddenly I’m to be stricken with PC madness? Not gonna happen!


27 posted on 06/19/2014 9:35:07 PM PDT by dr_lew
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To: 2ndDivisionVet

This is a major threat to free speech and also to property rights.


28 posted on 06/19/2014 9:52:58 PM PDT by TBP (Obama lies, Granny dies.)
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To: TBP
This is a major threat to free speech and also to property rights.

Why is it that it took all the way to comment # 28 for the real issue to arise. This is a property rights issue.

The trademarks and symbology of the Wahington Redskins are registered in the USPTO as belonging to the owners of the Redskins organization, just as title to my home is registered in the county recorder's office where I live. If someone in the USPTO can say "not anymore", then what prevents someone in my county, or yours, from saying the same "not anymore" about our real estate?

Property rights are one thing that has set this country apart from the very beginning. In early drafts of the Declaration of Independence, Jefferson had written that men were endowed with rights to "life, liberty and property." This was later revised to "pursuit of happiness" over concerns that it glorified America's "original sin" of slavery.

29 posted on 06/19/2014 10:19:13 PM PDT by tpmintx (Gun free zones are hunting preserves for unarmed people.)
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To: 2ndDivisionVet
Last I checked, exempted from copyright protection includes: Movie titles, song titles, and sports teams. IE: The Dodgers can not sue the El Monte Little League for having a team named the Dodgers as well. And of course, Disney can't sue the animated production called 'Frozen Queen' simply for their title (but will sue for violating the registered trademark of the Frozen design.) And the trademark office was very clear that they simply invalidated the trademark on the Redskins team name.

So as far as I can tell, the Redskins logo is still protected, the team name is not (nor am I sure it ever should have been), and the symbolic victory is complete.As for the whole controversy in Indian Country, I'm sure you could poll 20 different American Indians sporting redskins logo wear and not one could tell you the team record or even the normal starting quarterback. This is, and continues to be an effort by those outside of the 'res' and is one of those normal symbolic victories that liberals continue to run with. Meanwhile, reservations continue to ban abortions, do not recognize same sex marriages, even those which have been approved in the state where the reservation is, yet continue to support the party that endeavors to make them into even more dependent people while ignoring the party that brought the most prosperity to Indian Country through the Indian Gaming Act (Ronald Reagan and the republicans.)

Anyway, gotta go, the tribal leadership is again buying votes for the up coming election.

30 posted on 06/19/2014 10:23:47 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: 2ndDivisionVet

31 posted on 06/19/2014 10:25:01 PM PDT by Veggie Todd (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. TJ)
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To: 2ndDivisionVet

It’s an attack on free speech.

Period.

End of sentence.

The article says “Congress shall pass no law”.

And what did Congress just do?


32 posted on 06/19/2014 11:00:48 PM PDT by Tzimisce
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To: bigtoona
In Europe you can be arrested for racially offending someone. This is what they are trying to do here. Coming soon...

You mean they DON'T already do this in America?

33 posted on 06/19/2014 11:06:30 PM PDT by Mark17 (Rudyard Kipling: Liberals be wary, when the SHTF, The Wrath of the Awakened Saxon will clobber you)
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To: TigersEye
"red" and "skin" are english words.....they are not Indian words....the words "chief" and "squaw" are also english words....why can't we use the english language....???

I suppose the Skins would be a good name but can't imagine what the mascot would look like....

34 posted on 06/19/2014 11:14:01 PM PDT by cherry
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To: Tzimisce
The article says “Congress shall pass no law”.

And what did Congress just do?

Congress didn't do it. Our slimy executive branch did it.

Congress established the USPTO, true. But they didn't imagine the scum the sheeple would elect.

35 posted on 06/19/2014 11:16:33 PM PDT by cynwoody
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To: cynwoody

This board cited a law passed by Congress about not offending others.


36 posted on 06/19/2014 11:19:30 PM PDT by Tzimisce
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To: 2ndDivisionVet

Change it to the Washington Pale Faces.

See if anyone gives a rip.


37 posted on 06/19/2014 11:54:58 PM PDT by Bizhvywt
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To: cynwoody; tpmintx
Anyone deemed politically incorrect is now outside the protection of the law.

From a lesser known clause in a document from 1776: "He has abdicated Government here, by declaring us out of his Protection and waging War against us."

The effect is much the same for a nation cast adrift from law.

38 posted on 06/20/2014 1:04:22 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th. Article V.)
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To: Tzimisce
This board cited a law passed by Congress about not offending others.

Yeah, but under that law, they earlier granted the trademark. If they later change their mind, then it should be deemed a "taking", to be compensated at the ten-digit level by the Sheeple.

39 posted on 06/20/2014 1:11:08 AM PDT by cynwoody
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To: Bizhvywt

I like yours best.

The Washington Palefaces.


40 posted on 06/20/2014 1:21:08 AM PDT by Yaelle
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To: Yaelle

How about “The Washington DC BlowHards”? (Don’t want to offend those rained-on people in the Pacific Northwest, now do we?)


41 posted on 06/20/2014 3:34:11 AM PDT by asinclair (Political hot air is a renewable energy resource)
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To: FatherofFive

The NFL now is the proud owner of outlaw potatoes


42 posted on 06/20/2014 3:37:43 AM PDT by Artie (We are surrounded by MORONS)
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To: dr_lew

Well I’m not a Redskins fan. I don’t care if the Redskins win, lose, keep their name, change their name, move to another city, switch to a different sport, or star in a reality show.

I don’t particularly care one way or the other about the Washington Redskins, but I do care about good old American liberty. That’s really not a paradox.

For some of us, the big issue has nothing whatsoever to do with team spirit, if you can imagine. I don’t even have any team spirit. None! Can you imagine that?! And yet, somehow I manage to care that the Washington Redskins have been stripped of their legal protections surrounding their name, on the political whims of an out of control administration.

Sometimes, it really is the principle of the thing. That might sound vague and high-minded to you, but it makes perfect sense to me.


43 posted on 06/20/2014 5:10:10 AM PDT by BykrBayb (Wagglebee, welcome home we missed you! ~ Þ)
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To: BykrBayb

For some of us, the big issue has nothing whatsoever to do with team spirit, if you can imagine. I don’t even have any team spirit. None! Can you imagine that?! And yet, somehow I manage to care that the Washington Redskins have been stripped of their legal protections surrounding their name, on the political whims of an out of control administration.

Sometimes, it really is the principle of the thing. That might sound vague and high-minded to you, but it makes perfect sense to me.

___________________

You and me both. Out of control fascist leftist totalitarians, coming to your town soon!


44 posted on 06/20/2014 5:16:28 AM PDT by Chickensoup (Leftist totalitarian fascism is on the move.)
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To: 2ndDivisionVet
The road to Hell is paved with good intentions. -- famous proverb dating from the 12th Century

I think people should read George Orwell's essay Politics and the English Language and then read Friedrich von Hayek's book The Road to Serfdom. After reading these two works, you know why many people oppose the very idea of forcing a change in the name of the Washington Redskins by government pressure.

45 posted on 06/21/2014 10:01:55 PM PDT by RayChuang88 (FairTax: America's economic cure)
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