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 Court’s judgment is not an order that precludes PFI [Pro-Football, Inc.] from using the marks in commerce,” Lee wrote. “Nor does the Court’s 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 PFI’s goods and services. What actions, if any, PFI takes going forward with the marks are a business judgment beyond the purview of this Court’s jurisdiction.”
(Excerpt) Read more at cnsnews.com ...
Washington Native-American Scalping Raping Savages.
Actually you can not trademark anything you want. There is quite the long list of what you can not trademark. While you can trademark a lot, it’s definitely not close to “anything”.
There is a "moral/legal" component to patent examination. You can't patent a method of burglary, for example.
“because their depiction of an Indian brave is considered offensive to Native Americans.”
Not because it IS offensive, just because it is CONSIDERED offensive.
I would rather see them change the name to the Washington Reds!
Don’t give ‘em ideas. They might decide to extend it to all coins featuring dead white males.
I’d suggest that the same Federal entity that issued this bullsh!t ruling also issue an edict to the National Association for the Advancement of Colored People (NAACP) their name is hereby revoked as both being racist against Afro-Americans, African Americans, Amfrericans, Blacks, People of Color, Brothers and Sisters, and every name blacks have assumed to their own culture, but preferential and racistly duplicitous against whites at the same time.
They, along with the United Negro College Fund should be hereafter enjoined from any such preferential racism against whites as patently offensive.
We (whites) shall overcome this preferential racism :0)
“A federal judge in Virginia has ordered the U.S. Patent and Trademark Office (PTO) to cancel six Apple registered trademarks because their depiction of an apple is considered offensive to arborists.”
How about changing it yo "The Washington Crooked Judges"?
The Cheerleaders could chant "The fix is IN!"
Pure government theft.
he doesn’t have the power to make such a ruling
And in future work, this same “federal” judge will declare the United States null and void as the tribal land claims to all of North America will be held as pre-emptive.
Which of course will PO HUD Secretary Hoolian “Viva Aztlan” Castro, as he will claim that the Pope’s edict of 1495 pre-empts all others and gives the land mass of Norte America up to the poles to the Great and Fabulous Mexican Nation, always capitalized and said with reverence.
There is a “moral/legal” component to patent examination. You can’t patent a method of burglary, for example.
The “moral” component is interesting, if divorced from the legal. It could form the basis for removing patent protection for weapons or weapon enhancements on the one hand, or an innovation in birth control on the other. It’s odd that there would be a moral/legal component in any case. Either it’s intellectual property, or it isn’t, whether it would be used for immoral or illegal purposes, or not.
And put a confederate flag on their helmets?
These people would have an aneurysm if they were to view an old Looney Tunes or Merrie Melodies feature.
So glad to know the PC police are keeping us safe from ourselves. I hope they find a good non-offensive and unmemorable animal name like the Washington Wombats or the DC Doves. ZZZzzz...
Federal judges are tyrants and their antics should have been reined in 50 yrs. ago through impeachment.
if they rename the team then do it to honor people who mean allot to DC. Former VA. Rep John Dingell and ex D.C. Mayor Marion Barry. They will become ;
The Washington Dingellbarrys.
There. Fixed it.
How about The Washington Criminals?
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