Skip to comments.Appeals court sides with Redskins over trademark
Posted on 05/15/2009 10:08:46 AM PDT by Oldeconomybuyer
WASHINGTON The Washington Redskins won another legal victory Friday in a 17-year fight with a group of American Indians who argue the football team's trademark is racially offensive.
The decision issued Friday by the U.S. Court of Appeals in Washington doesn't address the main question of racism at the center of the case. Instead, it upholds the lower court's decision in favor of the football team on a legal technicality.
The court agreed that the seven Native Americans waited too long to challenge the trademark first issued in 1967. They initially won the U.S. Patent and Trademark Office panel canceled the trademarks in 1999 but they've suffered a series of defeats in the federal courts since then.
U.S. District Judge Colleen Kollar-Kotelly overturned that decision in 2003 in part because the suit was filed decades after the first Redskins trademark was issued. The U.S. Court of Appeals then sent the case back to Kollar-Kotelly, noting that the youngest of the plaintiffs was only 1-year-old in 1967 and therefore could not have taken legal action at the time.
Kollar-Kotelly issued a new ruling last summer that rejected that argument. She wrote that the youngest plaintiff turned 18 in 1984 and therefore waited almost eight years after coming of age to join the lawsuit.
The judge did not address whether the Redskins name is offensive or racist.
(Excerpt) Read more at news.yahoo.com ...
BS!! It is a sign of respect and admiration.
How about the Washington Goombas?
They're a lot more successful in the courtroom than they are on the field.
BS!! It is a sign of respect and admiration.”
You are dead wrong.
As someone with Cherokee ancestors, I find this very offensive.
Other indian based team names (Chiefs, Braves, Warriors) even ones names after tribes (FSU Seminoles) are not offensive at all, imho. They highlight a positive aspect of indian historical culture. Redskin though, is a slur. Plain and simple.
Redskin a sign of admiration? That’s so pathetic it isn’t even funny as a joke.
I am kind of offended by the White Sox. Where can I go gets payed, yo?
The term “Redskins’ isn’t the problem. The problem is a bunch of thin skinned “Indians” with nothing else to complain about.
“As someone with Cherokee ancestors, I find this very offensive.
Other indian based team names (Chiefs, Braves, Warriors) even ones names after tribes (FSU Seminoles) are not offensive at all, imho. They highlight a positive aspect of indian historical culture. Redskin though, is a slur. Plain and simple.”
Why is ‘red skin’ a slur? My Cherokee ancestors were never ashamed of the color of their skin.
I remember the Seminol tribe telling the NCAA to “take a hike” whey they tried to PC team names.
Mascots should not smile.
He’s wearing make-up, feathers, AND he’s smiling.
Join, the club. In fact I’m card carrying. big deal.
Redskin is not a negative term. Infact, many boy scouts book use redskins as a term of admiration.
Those Cherokees must have been damned prolific, or at the very least they must have raped every white woman in the country to have so many people claiming Cherokee heritage. I can never bring up the subject of American Indians without someone chiming in and claiming to be "25 percent full-blooded Cherokee" or some other such nonsense.
Makes no difference to me...I am a Habs fan!
What do you think of the Cleveland Indians' Chief Wahoo?
Now THAT'S red skin.
The Red Wings are coming after that guy first.
“I can never bring up the subject of American Indians without someone chiming in and claiming to be “25 percent full-blooded Cherokee” or some other such nonsense. “
I understand what you’re saying. I was raised being told I was part Cherokee, but never took it to heart much because everyone I ran into seemed to claim the same thing.....until I really researched it and found it was true. Fact is, there are millions and millions of us who are part Cherokee.
I always though “redskin” was right up there with “injun” definitely in the slur area. Of course there is no right not to be offended, people who don’t like the team’s name should root against them (really easy to do these days because they stink), boycott them, boycott the whole league if they want, but don’t make it a legal matter.
The one case where I agree with the litigants in these mascot wars is the Cleveland Indians symbol which is truly an offensive caricature.
Considering my boys are currently playing golf, I can't disagree. I do think the young Hawks can skate with Detroit, though.
Let's see if Osgood is really Osgreat.
I’m 1/4 Cherokee and I’m not offended, either!
I think thin skinned is more appropriate for some... >:-}
What’s a Hab??
As a person of Native American descent, on both sides of the family, I am NOT the least bit offended, in fact I love the Redskins.
I’m with you Aunt B
That’s funny, I’m part Cherokee and it doesn’t bother me. Like the Seminole tribe that indorsed FSU usage of the tribes name for it’s football team. They are proud of it.
I would be too.
A local high school has the name ‘redskins.’ I have wondered about someone yelling, “racism.” Then dump Native Americans completely. Change the logo to redskin on the necks of cowboys. Or change to a redskined reptile like snake or lizzard. “Indians” will be forgotten as nothing more than people in old westerns.
I kind of like Chief Wahoo!
We were at Progressive Field in Cleveland (for the first time) in late April for the Boston Red Sox vs Cleveland Indians series. I was surprised that Chief Wahoo is still pretty prominent in the team stores as a mascot, but disappointed that he is not the ACTUAL mascot for the team. They had some strange pink or purple creature named "Slider", I think. Very minor league mascot, IMO. I assume they had to create Slider to downplay the un-PC Chief Wahoo.
The Montreal Canadiens. NHL hockey team
As you may know, the team name has much to do with star player Louis Sockalexis, from the Penobscot tribe.
How about the White Jox?
Is the Chief's image still on the Indians' caps?
You have a right to be offended, but do I not have a right to offend?
the Hawks have the best sweaters in hockey!
I think the name comes from Habitants Canadiennes..
oh, and may they prevail against the evil Redwings!
"Redskin" is no more a "slur" than "Whiteskin" (me), and I do not feel slurred. Now "Whitey" or "White Boy" I would find offensive, but, as we all know, due to Free Speech, you DO NOT have the right to not be offended.
Grow a thicker skin, or you won't be able to enjoy life. You'll end up spending your life being "offended" and thinking everyone's out to get you.
May I propose "The Washington Rednecks as a politically correct alternative. I would welcome them to my community, surely they will have a winning season sometime.
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Sports teams choose names to convey an image of power and fearsomeness. Not as a way to offend potential paying customers.
They always take 2nd place behind my beloved Habs in the yearly "Best Jersey" poll.
Anyway, I don't find the term Redskin offensive, anymore than I find the term Redneck, which can also be applied to me, offensive. I thought the people at the meeting were pretty sad, as they run around playing Indian, acting like an idealized history of riding the plains and hunting buffalo is coming back.
Also, I would mention that one of the most famous Indians of all time:
was a Cowboy, and spent almost all of his career fighting the Redskins.
These guys are in DC, no? Then rename them in honor of Congress, something along the lines of the Washington Thieves.
As a Cowboy fan, I hate the Redskins (on the field), but I would be the biggest die hard ‘skin fan when it comes to them keeping their name and tradition. Hate the team, love the franchise. Isn’t that what the New Testament speaks to??
When Houston got another football franchise, I was hoping that they’d go to one of the suggested names, Roughnecks, instead of the almost generic Texans. That’s one of the things that’s become boring about team mascots; almost everything is generic now.
By the way I’m proud to say I’m a Native American.
I was born in Lynn, Massachusetts, a part of America.
Thus I am a Native American.