Redskins

News & Analysis as of

Trademarks as a Barometer of Change: A Pop Quiz

Designed to appeal and speak to the customers of a specific time and place, trademarks can become hallmarks of a bygone era. The controversy surrounding the use of the REDSKINS trademark and logo shows just how much...more

Trademark Misperceptions Revealed By Reaction to Redskins Decision

I can’t define disparagement, but I know it when I see it… On Wednesday, June 18, 2014 the Trademark Trial and Appeal Board, the judicial body that provides review to all Federal trademark filings and disputes relating...more

Don’t Be Confused: The Washington Football Team Still Owns Rights in the REDSKINS Trademark

The Washington Redskins football team (“Washington”) recently appealed the cancellation of its federal registrations for its REDSKINS trademarks to the Federal District Court for the Eastern District of Virginia. When the...more

Another Way the NFL Can Protect the Shield

It’s no secret that the NFL is facing a reputation crisis, on a variety of fronts. With 2013 being called “a very bad year” for the NFL, words will be difficult to describe how badly 2014 ends (reputationally), if the league...more

Washington Redskins Challenge the Constitutionality of Section 2(a) of the Lanham Act

The Washington Redskins trademark controversy is far from over. Despite the fact that certain news and sports commentators and mainstream newspapers and organizations have announced that they will no longer use the term...more

TTAB’s Washington Redskins Decision: the Enforceability and Commercial Impact of Cancelled Trademarks

The cancellation of a U.S. trademark registration on any grounds, including disparagement, does not always mean the end of enforceable rights in the mark. However, cancellation may create both legal and financial...more

Redskins Appeal TTAB Ruling

On Thursday, August 14, 2014, the Washington Redskins filed a much-anticipated appeal in the U.S. District Court for the Eastern District of Virginia of a June Trademark Trial and Appeal Board decision which resulted in...more

Redskins Ruling is Consistent with TTAB Precedent

In Blackhorse v. Pro-Football Inc., the U.S. Patent and Trademark Office once again canceled various registrations for trademarks used by the Washington Redskins football team as being disparaging to Native Americans. While...more

PTO’s Decision to Cancel Football Team’s “Redskins” Marks May Provide Only a Symbolic Victory

On June 18, 2014, the U.S. Patent and Trademark Office’s (PTO) administrative board held for the second time that six federal trademark registrations owned by the Washington Redskins franchise must be canceled on the grounds...more

Advertising Law - July 2014

Online Reviews Not Sufficient To Support Ad Claim, NAD Rules - While recognizing the benefits of using new sources of information, the National Advertising Division (NAD) decided that an advertiser’s use of aggregated...more

Could Offensive Trademarks Find Refuge in Common Law?

The 177-page tome the Trademark Trial and Appeal Board (TTAB) just issued in Blackhorse v. Pro-Football Inc. is remarkable for its length and its subject matter, cancellation of the controversial REDSKINS mark as disparaging...more

A Football Team, by Any Other Name…: USPTO Decision Illustrates that Law is More than Hard & Fast Rules

At Meadowlawn Elementary in the 1960s, my West Michigan friends and I would boast about things that made us "better" than each other. It was the golden age of Superman comics and, while I didn't have super strength or x-ray...more

Beyond Disparaging: Five Important Clarifications Regarding Redskins Trademark Decision

Over the past year, debate regarding whether the National Football League’s Washington, D.C. franchise should continue to call itself the Redskins has risen to a fever pitch once again. So, naturally, it was big news when, on...more

The Redskins Decision: Much Ado About (Probably) Not Much

I’ve been having fun listening to commentators – most of whom appear to know little or nothing about trademark law – expound on last week’s decision by the Trademark Trial and Appeal Board to cancel six trademark...more

A Rose By Any Other Name…

It is rare that items from the United States Patent and Trademark Office are “breaking news” or even make general news headlines. But it happened Wednesday (6/18/14) with the announcement that the Trademark Trial and Appeal...more

Redskins trademark case highlights value of linguistic analysis

The Washington Redskins trademark case, with its conclusion that REDSKINS trademark registrations should be cancelled, has sparked heated discussion among football fans, advocates of Native American interests, and foes of...more

The Redskins Decision: What It Means and Does Not Mean

On June 18, 2014, the Trademark Trial and Appeal Board (TTAB or Board) issued its ruling in Blackhorse v. Pro Football, Inc. (TTAB Cancellation No. 92046185) cancelling the Washington Redskins’ federal trademark registrations...more

USPTO Cancels Washington Redskins' Trademark Registrations

In a landmark case, the Unites States Patent and Trademark Office cancelled six trademark registrations associated with the National Football League team, the Washington Redskins, finding that use of the term "redskin" is...more

Redskins Trademark Cancelled – Q&A With Bean, Kinney & Korman

By now, you’ve no doubt heard the news that yesterday (June 18, 2014), the Trademark Trial and Appeal Board (TTAB), an administrative body of the U.S. Patent and Trademark Office (USPTO) cancelled the Washington NFL team’s...more

What does the Redskins Cancellation Mean for My Business and Trademarks?

The US Trademark Trial and Appeal Board recently cancelled several Washington Redskins trademarks on the grounds that at the time these marks were registered, they were disparaging or offensive. This means the marks should...more

Let’s Set the Record Straight….the Redskins Still Own the REDSKINS Tradmarks

The overwhelming public reaction to the US Trademark Trial and Appeal Board’s June 18 decision canceling six REDSKINS trademark registrations on grounds that the mark disparaged Native Americans has been impressive. However,...more

Trademark Disparagement Kills the R-Word

My father-daughter time was wonderful in London when the news hit about the USPTO ordering cancellation of the six ”Washington Redskins” trademarks as disparaging to Native Americans....more

U.S. Patent and Trademark Office Orders Cancellation of "REDSKINS" Trademark Registrations

On June 18, 2014, a divided panel of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) ordered cancellation of six of the Washington Redskins’ trademark registrations holding that “Redskins” was a...more

TTAB Cancels REDSKINS Trademark Registrations

In a ruling that has quickly spread throughout social media, the Trademark Trial and Appeal Board (the “Board”) issued an order cancelling six trademark registrations which contain the word REDSKIN (the “Redskins...more

Divided TTAB Panel Once Again Finds REDSKINS Trademarks Disparaging

In a ruling sure to generate heated discussion in the sports world, the trademark community and elsewhere, a divided panel of the Trademark Trial and Appeal Board (TTAB) has ruled that six registered marks including the term...more

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