Redskins

News & Analysis as of

Intellectual Property Law - June 2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

Medical Records of NFL Players Taken in Theft of Unencrypted Laptop

A Washington Redskins trainers’ unencrypted laptop was located in a backpack that was stolen on April 15th. Unfortunately, the laptop contained medical exam results for NFL Combine attendees since 2004, which is estimated to...more

A Hail Mary to the U.S. Supreme Court? Owner of REDSKINS Marks Petitions for Hearing on Constitutionality of Section 2(a) of the...

Pro-Football, Inc., the owner of multiple U.S. service mark registrations for REDSKINS, REDSKINETTES, and WASHINGTON REDSKINS, took the somewhat unusual step last week of petitioning the U.S. Supreme Court for a writ of...more

In re Tam Redux Redux: Redskins Petition for Certiorari, Trying to Skip 4th Cir.

In response to the United States Patent and Trademark Office’s (“USPTO”) petition for writ of certiorari in to the U.S. Supreme Court In re Tam (“THE SLANTS” case), the owners of the Washington Redskins filed their own...more

Of Slants, Skins And Signs: The March To The Supreme Court

This week saw developments in the two cases challenging the application of Section 2(a) of the Lanham Act to their registration: In re Tam and Blackhorse v. Pro Football, Inc....more

Washington Redskins’ Hail Mary Pass: Petition SCOTUS to Sack USPTO

INITIAL CALL ON THE FIELD - In June 2014, the U.S. Patent and Trademark Office (USPTO) stripped the Washington Redskins (Washington) of their federal trademarks, finding the term “Redskins” was disparaging under Section...more

Washington Football Franchise Calls an Audible, Tries to Score at the Supreme Court

Last week, the United States Patent and Trademark Office (“USPTO”) in Lee v. Simon Shiao Tam, asked the United States Supreme Court to reverse the decision of the United States Federal Circuit, which held that trademark law’s...more

The Slants and the Future of Disparaging Trademarks

Trademark and copyright law are in a constant struggle with the right of free expression guaranteed under the First Amendment of the US Constitution. This is unavoidable. Copyright laws were enacted to protect authors of...more

Pro Football Calls SCOTUS Audible

As we noted here last week, the Director of the USPTO filed a petition for writ of certiorari to the U.S. Supreme Court requesting that it review the Federal Circuit’s en banc decision, In re Tam. That decision held Section...more

Supreme Court Battle Set Over Prohibition of Disparaging Trademarks

Section 2(a) of the Lanham act bars the registration of “scandalous, immoral or disparaging trademarks.” The USPTO has used this applied this provision to refuse the registration of marks such as F**K PROJECT, PORNO JESUS,...more

USPTO To Suspend New Trademark Applications Containing Scandalous Or Disparaging Material

On March 10, 2016, The United States Patent and Trademark Office (“USPTO”) issued new examination guidance for trademark applications containing potentially immoral or scandalous matter, which is expressly prohibited by...more

New Game Plan: Federal Circuit Decision May Revive “Redskins” Trademarks

Federal Circuit finds that barring the registration of disparaging trademarks is unconstitutional, creating potential running room for the Washington Redskins. An appeal of the 2014 decision to cancel the REDSKINS...more

Scandalous, Immoral And Disparaging Patents In Light Of Tam

The Federal Circuit sitting en banc recently held in Tam that Section 2(a) of the Lanham Act, which prohibits the U.S. Patent and Trademark Office from registering trademarks that “may disparage” persons, institutions, or...more

2016: Developments in Intellectual Property Law You Should Know About

This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more

Intellectual Property Newsletter - January/February 2016

2015 U.S. Trademark Developments Every Food and Beverage Lawyer Should Know - In 2015, U.S. courts provided trademark practitioners with several issues to discuss and debate. Identified and summarized below are the top...more

Disparagement Proscription of § 2(a) Is Unconstitutional - In re Simon Shiao Tam

In the last several decades, the disparagement provision of § 2(a) of the Lanham Act has become a more frequent basis for rejection or cancellation of trademarks by the United States Patent and Trademark Office (PTO) and the...more

Federal Circuit Decision Signals Game Not Over for Washington Redskins Trademark

In a decision that should bring some comfort to the fans of the Washington Redskins football team, the U.S Court of Appeals for the Federal Circuit in In Re Simon Shiao Tam declared unconstitutional Section 2(a) of the Lanham...more

Federal Circuit Rejects Disparaging Trademarks’ Ban on First Amendment Grounds

A December ruling by the Federal Circuit emphasized the value of commercial speech through trademark registration, and the case may have implications for the Washington Redskins. The NFL team’s Super Bowl dreams may be over,...more

2015 U.S. Trademark Developments Every Food and Beverage Lawyer Should Know

In 2015, U.S. courts provided trademark practitioners with several issues to discuss and debate. Identified and summarized below are the top five most discussed issues....more

Brandmarking: Taylor Swift’s Excellent Brandmarking Adventure - March 2015 - Volume 4, Number 2

Taylor Swift’s Excellent Brandmarking Adventure - Making a splash is more or less what pop stars and other celebrities do for a living. But not many of them do it by applying for federal trademark registrations....more

Sue-per Bowl Shuffle II: The Year in NFL-Related Intellectual Property Litigation

Around this time last year, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those IP-ish lawsuits that I’m supposed to know about. So...more

Trademark Review | January 2016

Federal Circuit Holds Refusal to Register Disparaging Trademarks is Unconstitutional - The U.S. Court of Appeals for the Federal Circuit, sitting en banc, issued a ruling that Section 2(a) of the Lanham Act violates the...more

[Webinar] Registration of 'Disparaging' Trademarks After 'The Slants' - January 27, 12:00-1:00pm, EST

The Federal Circuit Court of Appeals has ruled that Section 2(a) of the Lanham Act, which bars registration of marks that “disparage” a group of people, is an unconstitutional infringement of First Amendment free speech...more

In re Simon Shiao Tam - USCA, Federal Circuit, December 22, 2015

In case with potentially far-reaching effects, including on Washington Redskins’ ongoing legal battle to maintain federal trademark registration, Federal Circuit sitting en banc strikes down federal statute that permits...more

U.S. Patent and Trademark Office's Refusal to Register Disparaging Trademarks Struck Down on First Amendment Grounds

The U.S. Court of Appeals for the Federal Circuit, in a 9-3 decision in In re Tam, has declared a provision of the federal trademark law unconstitutional as violating the First Amendment guarantee of free speech. The...more

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