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Judge orders cancellation of Redskins trademark registration, finds name may be disparaging
Star Tribune ^

Posted on 07/08/2015 9:01:54 AM PDT by Java4Jay

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.

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

(Excerpt) Read more at startribune.com ...


TOPICS: Crime/Corruption; Culture/Society; Government
KEYWORDS: districtofcolumbia; fascism; firstamendment; geraldbrucelee; judicialactivism; nfl; redskins; scalp; scalpers; scalping; scalpingtickets; trademark; tyranny; washingtonredskins
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To: Java4Jay

RE: Judge orders cancellation of Redskins trademark registration, finds name may be disparaging

And if the team ignores the judge, then what?


21 posted on 07/08/2015 9:13:27 AM PDT by SeekAndFind
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To: SoFloFreeper

Judge Lee offends me!

Why would we ever appoint anyone to any position for life?


22 posted on 07/08/2015 9:14:02 AM PDT by BobNative
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To: Cboldt

Then Microsoft better look out for lawsuits from small guys with ED........................


23 posted on 07/08/2015 9:14:36 AM PDT by Red Badger (Man builds a ship in a bottle. God builds a universe in the palm of His hand.............)
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To: Java4Jay
Disparaging?

 photo Redskins_zps403f33a0.png

24 posted on 07/08/2015 9:14:41 AM PDT by FatherofFive (Islam is evil and must be eradicated)
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To: Ray76

25 posted on 07/08/2015 9:15:28 AM PDT by Paine in the Neck (Socialism consumes EVERYTHING)
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To: So Cal Rocket

How about the Ball State “Fighting Letterman’s” ???


26 posted on 07/08/2015 9:15:38 AM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: SeekAndFind

It just means that they don’t have any protection against copyright or trademark infringement. Anybody can use it for whatever reason they wish.........................


27 posted on 07/08/2015 9:15:51 AM PDT by Red Badger (Man builds a ship in a bottle. God builds a universe in the palm of His hand.............)
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To: SoFloFreeper

Racist Gerald Bruce Lee ...


28 posted on 07/08/2015 9:16:42 AM PDT by NorthMountain ("The time has come", the Walrus said, "to talk of many things")
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To: Java4Jay
The organization can appeal.

I think you can count on that.

29 posted on 07/08/2015 9:17:12 AM PDT by DoodleDawg
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To: Java4Jay

Is disparaging against the law?


30 posted on 07/08/2015 9:17:35 AM PDT by InterceptPoint
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To: TexasCajun; C19fan
-- So now, EVERYONE has the right to print/sell Redskin attire? --

Trademark can "exist" several ways. The first, and most common, is simply by usage of the mark. This is common law trademark, and is enforceable in court. "Use of the mark" is the touchstone. People will use the indication "TM" to indicate an intention to use the mark in trade.

The second way trademark can be asserted is via state registration. "Use of the mark" is the touchstone here as well, with the state registration being notice to those in the state.

The third for is interstate trademark, which is what the USPTO registers (also as notice to would be infringers). Federally registered trademarks require use in interstate commerce, and are noticed with "R" in a circle.

Just saying, if you make or use the mark, the registrant still has a viable legal claim against you. All he's lost is a presumption that attached by way of having the mark registered.

31 posted on 07/08/2015 9:18:06 AM PDT by Cboldt
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To: Java4Jay

Apache helicopter.
Kiowa helicopter.
Comanche.. etc etc..


32 posted on 07/08/2015 9:18:09 AM PDT by Darksheare (Those who support liberal "Republicans" summarily support every action by same.)
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To: Red Badger
-- Then Microsoft better look out for lawsuits from small guys with ED... --

ROTFL!

33 posted on 07/08/2015 9:19:33 AM PDT by Cboldt
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To: Java4Jay

Curious, doesn’t this harm the entire NFL, since there is revenue sharing on merchandise?

I suppose the NFL and Redskins could still make merchandise...just not trademark it. I wonder if die hard Redskins fans would stick to an ‘official gear only’ buying policy, to support the team.


34 posted on 07/08/2015 9:19:53 AM PDT by lacrew
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To: So Cal Rocket

Don’t disparage the New Black Panthers by holding them accountable for federal hate crimes.

The negro Nazi party in charge will determine what laws are for “just us”.


35 posted on 07/08/2015 9:20:30 AM PDT by MikeSteelBe (Austrian Hitler was, as the Halfrican Hitler does.)
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To: BobNative

The Constitution.


36 posted on 07/08/2015 9:21:06 AM PDT by SoFloFreeper
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To: Ray76

There you go, "Judge" Lee.

37 posted on 07/08/2015 9:22:29 AM PDT by SoFloFreeper
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To: SeekAndFind

The judge MAY be p-oed.

Maybe.

What the hell kind of ruling is “may be”?


38 posted on 07/08/2015 9:22:42 AM PDT by Adder (No, Mr. Franklin, we could NOT keep it.)
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To: Red Badger; SeekAndFind
-- It just means that they don't have any protection against copyright or trademark infringement. --

Not precisely true. The Redskins still have common law trademark protection, and may have state trademark registrations.

Trademark registration juust greases the skids in favor of plaintiff who has a registration, and I think allows for an increase in damages, use of government agents in border/customs enforcement, etc.

39 posted on 07/08/2015 9:22:52 AM PDT by Cboldt
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To: So Cal Rocket

As a real cowboy in Texas I demand that the Dallas Cowboys change their name because they suck and do not do the moniker justice.


40 posted on 07/08/2015 9:23:37 AM PDT by Resolute Conservative
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