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Trademarks › Native American Issues

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - May 2021: Recognizing Tribal Marks: The Native American Tribal Insignia Database

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Using Native American tribal names and symbols as part of popular consumer brands has been an endemic practice within the United States for decades. Popular brands that have appropriated tribal names include Jeep Cherokee,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - May 2021

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[co-author: Sahar A. Ahmed, Law Clerk] The May 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the USPTO's new Native American Tribal Insignia Database and two recent trademark litigation cases...more

BakerHostetler

2020 Supreme Court Update

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The U.S. Supreme Court’s October term started earlier this month, and promises to be an unprecedented session. How is the Court responding to the pandemic and adapting to a virtual environment? Which cases should you be...more

Jaburg Wilk

Trademark Trolls Circling Redskins Unlikely to See Big Pay Day

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For decades, the Washington Redskins’ name has been the center of controversy, both in federal court and in the court of public opinion. Native American groups have long decried the name as a racial slur and have challenged...more

Dorsey & Whitney LLP

Washington Football Team to Change Its Name: Some Lessons on How Not to Get Sacked

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The Washington, D.C. professional football team recently announced plans to cease using the name “Redskins” in favor of a new name. The “Redskins” name has been the source of both cultural and trademark conflict through the...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2017 #3

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Twitter Working to Limit Fake Stories, Accounts - In an effort to combat fake accounts, false stories and other abuses, Twitter is considering the use of a new feature to let users flag Tweets that contain misleading,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

What's Happening with the Redskins Case?

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For the past few years, the first question us trademark lawyers get asked at cocktail parties is, “What’s going to happen to the REDSKINS trademark?” – and now lawyers and football enthusiasts will have to wait until at least...more

Foley Hoag LLP - Making Your Mark

Fall Is In The Air: Are The Justices Getting Ready For The Gridiron?

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The Washington Redskins Ask The Supreme Court To Block Fourth Circuit From Participation In Important Trademark Cases Another Labor Day is behind us, kids are back to school, and fall has unofficially arrived (it will...more

Akerman LLP - Marks, Works & Secrets

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

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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

Ladas & Parry LLP

REDSKINS affirmed as disparaging. Appealed to 4th Circuit.

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In its June 18, 2014 Blackhorse decision, the TTAB ordered six Redskins trademarks to be cancelled as disparaging to Native Americans at the time they were registered....more

Sands Anderson PC

Redskins Trademarks – Answers to Key Questions Regarding Recent Ruling

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Last week, the U.S. District Court sitting in Alexandria, Virginia granted what would appear to be a sweeping victory to a group of five Native Americans who have renewed attempts to cancel the federal registrations of...more

Cooley LLP

Alert: Federal Court Upholds Cancellation of REDSKINS Trademark Registration

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On July 8, 2015, a federal district court in Virginia upheld a ruling canceling six federal trademark registrations incorporating the term REDSKINS owned by the Washington, D.C. football team. The court agreed with the...more

Fish & Richardson

The Redskins Lose Another Battle in the War to Keep Their Trademarks Registered

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It is generally accepted in this day and age that “Redskins” is considered a disparaging or offensive term for a person of Native American descent. However, whether the government gets to decide if a sports team, or any...more

Winthrop & Weinstine, P.A.

Lawyer Who Started Fight Over "R-Word" Mascot Awaits Decision

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About a quarter century ago, Steve Baird — at the time, a freshly minted graduate of the University of Iowa law school clerking for a federal judge in Washington, D.C. — was spending most of his free weekends working on an...more

Mintz - Trademark & Copyright Viewpoints

The US Department of Justice Seeks to Intervene in the Washington Redskins’ Trademark Suit to Defend the Constitutionality of the...

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The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the...more

Pillsbury Winthrop Shaw Pittman LLP

Redskins Ruling is Consistent with TTAB Precedent

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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

Fenwick & West LLP

Could Offensive Trademarks Find Refuge in Common Law?

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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

Dickinson Wright

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

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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

Davis Wright Tremaine LLP

The Redskins Decision: What It Means and Does Not Mean

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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

Miller Canfield

USPTO Cancels Washington Redskins' Trademark Registrations

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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

Sands Anderson PC

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

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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

Mintz - Trademark & Copyright Viewpoints

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

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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

Foley & Lardner LLP

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

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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

Mintz - Trademark & Copyright Viewpoints

“REDSKINS” US Trademark Registrations are Canceled for Disparaging Native Americans

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A three-judge panel of the US Trademark Trial and Appeal Board (TTAB), for the second time and in a 2-1 decision, has held that the REDSKINS trademark used in connection with professional football and related services by the...more

Baker Donelson

Redskins Trademarks Cancelled - Found Disparaging to Native Americans (Again)

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On June 18, 2014, in Amanda Blackhorse et al. v. Pro-Football, Inc., Cancellation No. 92046185 (TTAB 6/18/2014), the Trademark Trial and Appeals Board (TTAB) cancelled six trademark registrations issued between 1967 and 1990...more

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