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CBS DC: US Trademark Office Says "Redskins" is Derogatory


hail2skins

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UW: I’m told that you believe that even if the Redskins lose their trademark protection, it will not impact them financially. Why not?

 

JM: Even if the REDSKINS trademark registrations are cancelled, they still have very valuable, nationwide common law rights based on the extensive and continuous use of the mark. These rights are exclusive and enforceable.

In addition to the basic trademark rights, the team has a First Amendment right to “commercial speech” that probably protects its ability to use the term REDSKINS, even if the trademark registration is lost.

 

JM: I agree that the loss of exclusive marketing rights would be very damaging to the team’s finances in the short term. However, as described above, I cannot image a situation where that would be the end result. The common law use of the term REDSKINS has been too extensive and the common law rights are too strong. In addition, they have rights in other images that do not include the name REDSKINS (the Native American head design, the “R” design, etc.).

 

http://es.redskins.com/topic/365985-the-official-es-redskins-name-change-thread-all-things-related-to-changing-the-teams-name-go-here/

JM: The brand is so valuable, and First Amendment rights are so valued in the United States, that the Redskins will probably be named the Redskins for as long as the team’s owners want to keep the name

 

Based on the state of the laws today, however, I would guess that the Redskins will still be the Redskins 15 years from now, especially since it has been over 20 years since the trademark was originally challenged

 

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You don't need a registered trademark to enforce rights under a common law trademark. The Redskins name is well known in commerce throughout the world and has been in the stream of commerce for over 80 years.

A trademark challenge under the US patent and trademark office issuance is not going to be the catalyst to change the name.

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The name will change. Its just a matter of when.

I don' think it will be within the next few years though.

 

It would be hard to watch the game anymore if that happened.

To not see us reach consistent success even once as the Washington Redskins in my lifetime would be a major disappointment. 

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In a letter dated Dec. 29, the agency wrote: “Registration is refused because the applied-for mark REDSKINS HOG RINDS consists of or includes matter which may disparage or bring into contempt or disrepute persons, institutions, beliefs, or national symbols.”

 

 

right. 

 

as does every other word in the english language. 

 

common sense, not so common. 

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Maybe we should start by changing the name of the state Oklahoma since it means "red people".  I am offended.

True - in fact, the historical term "sooner" was considered derogatory to those who did not enter the territory of Oklahoma legally.  Therefore, we should just consider the name inappropriate for anyone to use.

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How about we change the emblem of the Indian Head and use the stylised "R" again, we need to make a stand, and let everyone know we are not going to change cos some haters think we should, and in this case if the Skins have to change the name then the cowboys should too, as a matter of principal, and the Patriots, and the Packers, this is something that should be left alone.  This is how we see our team,

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How about we change the emblem of the Indian Head and use the stylised "R" again, we need to make a stand, and let everyone know we are not going to change cos some haters think we should, and in this case if the Skins have to change the name then the cowboys should too, as a matter of principal, and the Patriots, and the Packers, this is something that should be left alone.  This is how we see our team,

 

 

critics have less of a problem with the logo, as opposed to the name. the logo was, essentially, designed by walter wetzel, blackfoot indian, who was the former president of the national congress of native americans because he 'wanted to see an indian on the helmet' instead of the circle R.

 

'redskins', much like almost any word, is only offensive when offense is intended. its a word made up by native americans for europeans to refer to them. 

 

on a side note, i found out that 'flip' was a racist term for filipino people, when googling flip wilson. i will now refrain from using 'flip' and demand it be replaced with '****'.

 

many thanks.

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