Posted on 07/08/2015 9:01:54 AM PDT by Java4Jay
RE: Judge orders cancellation of Redskins trademark registration, finds name may be disparaging
And if the team ignores the judge, then what?
Judge Lee offends me!
Why would we ever appoint anyone to any position for life?
Then Microsoft better look out for lawsuits from small guys with ED........................
How about the Ball State “Fighting Letterman’s” ???
It just means that they don’t have any protection against copyright or trademark infringement. Anybody can use it for whatever reason they wish.........................
Racist Gerald Bruce Lee ...
I think you can count on that.
Is disparaging against the law?
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.
Apache helicopter.
Kiowa helicopter.
Comanche.. etc etc..
ROTFL!
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.
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”.
The Constitution.
There you go, "Judge" Lee.
The judge MAY be p-oed.
Maybe.
What the hell kind of ruling is “may be”?
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.
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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.