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Redskins

Pullman & Comley - School Law

Native American Mascots: An Emerging Legal Landscape – Part 2

Title VI of the Civil Rights Act of 1964 - The Civil Rights Act of 1964 was the cornerstone of President Lyndon Johnson’s historic civil rights efforts.  While Title VII prohibits discrimination in employment and is perhaps...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

Weintraub Tobin

After Nearly 30 Years of Controversy, the Washington Redskins Will Retire the Redskins Team Name and Trademark

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On Monday, July 13, 2020, the ownership group of the Washington Redskins (the “Team”) announced that it will abandon the Redskins team name after nearly 30 years of controversy. The decision, despite what the Team says, is...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

Fox Rothschild LLP

Redskins Changing Team Name/Logo

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As a surprise to many, the Washington Redskins recently announced that it will be changing its 87-year old name. This decision comes after recent events that sparked nationwide discussions about race and caused various...more

Jaburg Wilk

Good Time to Try to Register that “#!$@*!ing” Trademark?

Jaburg Wilk on

On June 19, 2017, the U.S. Supreme Court struck down the disparagement clause of the Lanham Act (15 U.S.C. § 1051 et seq.) in Matal v. Tam (137 S. Ct. 1744), holding that it violates the First Amendment’s free speech clause. ...more

Ladas & Parry LLP

Cleveland Indians To Discontinue Use Of Chief Wahoo On Player Uniforms; Limited Use Of The Logo To Continue In Order To Preserve...

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Although the Supreme Court recently ruled that disparaging trademarks are protected by the First Amendment freedom of speech in Matal v. Tam, the Cleveland Indians have announced that they will cease use of their “Chief...more

Ladas & Parry LLP

Washington Redskins’ Us Trademark Registrations Reinstated By The Fourth Circuit

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On January 18, 2018, the U.S. Court of Appeals for the Fourth Circuit reinstated the Washington Redskins’ federal trademark registrations originally cancelled by the Trademark Trials and Appeals Board (“TTAB”) in 2014 in...more

Foley Hoag LLP - Making Your Mark

Sue-per Bowl Shuffle IV: The Year In NFL-Related Intellectual Property Litigation

If you are a lawyer, there is a serious danger that someone at the Super Bowl party you attend is going to want to talk about an NFL-related legal issue. Did Cowboys owner Jerry Jones really have standing to challenge...more

Mintz - Trademark & Copyright Viewpoints

After the Supreme Court Touchdown, Washington Redskins Are Finally Winning at the Fourth Circuit and the PTO

Two incredible things happened in 1992 for the NFL football team Washington Redskins. It won the Super Bowl and applied to register a trademark Washington Redskins. It has not been so lucky ever since. It has not won another...more

Fox Rothschild LLP

Fourth Circuit Finally Rules On Washington Redskins Trademark Case

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In what may be the final installment of a series of blog posts related to the Lanham Act’s disparaging trademark ban and its effect on the Washington Redskins’ trademarks, the Fourth Circuit finally issued a decision in the...more

McAfee & Taft

Gavel to Gavel: Scandalous and immoral (trademarks)

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Since 1946, federal law has prohibited registration of scandalous, immoral and disparaging trademarks. This summer, the U.S. Supreme Court found the prohibition on disparaging trademarks to be unconstitutional, creating...more

Foster Garvey PC

The Washington Redskins Win Their Trademark Battle in Overtime

Foster Garvey PC on

Simon Tam of the Asian rock band, The Slants, probably was not envisioning an 8-year-long legal battle when he chose the group’s name. Slant is known as a racial slur for Asians. Tam hoped to strip the term of its derogatory...more

CMCP - California Minority Counsel Program

In Matal V. Tam, Scotus Rules Prohibition On Disparaging Trademarks Unconstitutional

The Asian American members of the band the Slants adopted that name to “reclaim” and “take ownership” of the derogatory term. The United States Patent and Trademark Office (“USPTO”) refused to register a trademark application...more

Knobbe Martens

What the *TM*?!?! The Disparagement Clause has been Bleeped.

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Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the registration of brands, or source identifiers, of fashion and beauty...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2017 #3

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

Weintraub Tobin

The First Amendment Protects The Trademark Registrability Of THE SLANTS And THE WASHINGTON REDSKINS Irrespective Of Political...

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In 2014, the Washington Redskins lost a battle before the Trademark Trial and Appeal Board (“TTAB”) where the petitioner, a group of Native American activists, sought cancellation of the “Washington Redskins” trademark, which...more

McAfee & Taft

Free speech legal battle changes law on disparaging trademarks

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Last month, in Matal v. Tam, the U.S. Supreme Court affirmed the Federal Circuit Court of Appeal’s decision that struck down a portion of Section 2(a) of the Lanham Act....more

Amundsen Davis LLC

Trademark Act Offends Free Speech

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The Supreme Court ruled that the United States Patent and Trademark Office (USPTO) may not deny registration of trademarks on the basis that they are offensive or hateful. As previously discussed, in In re Simon Shiao...more

Perkins Coie

Supreme Court Holds Disparagement Clause Unconstitutional

Perkins Coie on

In a much anticipated decision, the U.S. Supreme Court held in Matal v. Tam, 582 U.S. ___ (June 19, 2017) that a provision of the Lanham Act banning the registration of marks considered disparaging to “persons, institutions,...more

Kramer Levin Naftalis & Frankel LLP

If You Have Nothing Nice to Say, Say ®

On June 19, the Supreme Court struck down as unconstitutional a provision of the Lanham Act prohibiting federal registration of disparaging trademarks. The Court’s ruling in Matal v. Tam, 582 U.S. ___, No. 15-1298 (June 19,...more

Pillsbury Winthrop Shaw Pittman LLP

Brands that Bite - The Supreme Court unanimously rules that the First Amendment forbids the Trademark Office from refusing to...

By striking down the “disparagement clause,” a 70-year-old provision of federal trademark law, the Supreme Court’s ruling this week in Matal v. Tam has the potential to change the ways in which people conceive, market,...more

Vedder Price

The Slants Win in Matal v. Tam: Trademark Registration Cannot Be Denied for Offensive Terms

Vedder Price on

On June 19, 2017, the United States Supreme Court held that a portion of the first clause of the U.S. Trademark Law (the “Lanham Act”), which is commonly known as the disparagement clause, was facially unconstitutional under...more

Foley Hoag LLP - Making Your Mark

Of Slants, Skins, And Signs: Section 2(a) Prohibition of Disparaging Trademark Registrations Struck Down!

Well, that happened! According to the Supreme Court’s opinion in Matal v. Tam, Section 2(a) of the Lanham Act, which purports to prohibit the registration of marks that “disparage . . . persons,” is unconstitutional. ...more

Lewitt Hackman

Disparaging, Degrading, Derogatory Trademarks: They're Now Enforceable Says Supreme Court

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You may remember that several national sports franchises are under fire for trademarks and branding that is seen to be racially disparaging. The Washington Redskins are the first team to come to mind, and it wasn’t too long...more

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