Posted on 07/09/2015 9:06:08 AM PDT by Enlightened1
A federal judge in Virginia has ordered the U.S. Patent and Trademark Office (PTO) to cancel six of the Washington Redskins registered trademarks because their depiction of an Indian brave is considered offensive to Native Americans.
The evidence before the Court supports the legal conclusion that between 1967 [when the first Redskins trademark was registered] and 1990, the Redskins Marks consisted of matter that may disparage a substantial composite of Native Americans, U.S. District Judge Gerald Lee wrote in his July 8 ruling in Pro-Football Inc. v. Blackhorse.
In his 70-page decision, Lee rejected the Redskins argument that the trademark cancellation was an infringement of the teams First and Fifth Amendment rights.
The federal trademark registration program is government speech and is therefore exempt from First Amendment scrutiny, he ruled, adding that a trademark registration is not considered property under the Fifth Amendment.
The order does not prevent the pro football team from continuing to use the logo. However, the loss of federal trademark protection could jeopardize some of its commercial and licensing activities.
To be clear, the Courts judgment is not an order that precludes PFI [Pro-Football, Inc.] from using the marks in commerce, Lee wrote. Nor does the Courts ruling that the Redskin Marks consisted of matter that may disparage a substantial composite of Native Americans during the relevant time period preclude sports fans from collecting, wearing, or displaying the Redskins Marks.
Courts do not create trademarks; only businesses like PFI control their own destiny with respect to how the public discerns the source and origin of PFIs goods and services. What actions, if any, PFI takes going forward with the marks are a business judgment beyond the purview of this Courts jurisdiction.
(Excerpt) Read more at cnsnews.com ...
Compared to Chief Wahoo??
Maybe the “Redskins” should change their nickname to “Rebels”....
Federal Judges are perhaps the number one enemy of freedom in this country.
Where did this “government speech” meme explode from???
I hope they pursue this further...
You can trademark anything you like and it is up to the public whether they want to buy it or not
You could trademark “giant loose turd meatballs” and it is not up to the Federal government to decide it is ‘offensive’ and cancel it
This PC crapola is getting way out of hand
It’s a violation of Free speech.
It’s illegal seizing of property without fair compensation.
Oh f*** it. No one’s listening. :(
How about the “Washington Indian Casinos” ?
Nobody elected them to make laws or become tyrannical rulers.
Most judges are self-important a$$holes.
Washington Sunburns
a trademark registration is not considered property under the Fifth Amendment.
I wonder what the status of patents and copyrights would then be? Could they be nullified on the basis that they “may disparage”? Consider all the movies and books that “may disparage” a “substantial composite” of some grouping or another.
I’d suggest something more drastic is needed.
Ever.
It's not about the issue. It's about the revolution.
Dan Snyder should, IMHO, tell Washington City to fuggoff, move the team permanently to Maryland, and call them the Prince George Redskins.
I have a suggestion.
Move the team to Texas and call them the San Antonio Bandits. They can use the trademark San Antonio cowboy hat.
We have a stadium, we have the fans, we have the local attractions. Let Harry Reid and his leftist buddies in Congress explain to Redskins fans why the team moved. It would put Virginia back in the “red” column.
Yes, what you said.
“Maybe the Redskins should change their nickname to Rebels....”
I wonder if Donald Trump would finance an all-black professional basketball team called the “Nashville Negroes”? Would the courts find THAT defamatory, considering most B-ball players are black??
You’re a GD genius Gump! HA!
GREAT suggestion!
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