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Appeal filed in Redskins trademark case


TK

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http://www.indiancountry.com/?1067710306

Notice of appeal filed in Redskins trademark case

Posted: November 01, 2003 - 1:10pm EST

by: Jerry Reynolds / Washington D.C. correspondent / Indian Country Today

WASHINGTON - The plaintiffs in the Washington Redskins trademark case have filed the notice of appeal that will carry their case forward following last month’s ruling against them, Suzan Shown Harjo said.

The last day for filing the notice with the U.S. Court of Appeals for the District of Columbia was Oct. 31. The next step will be to file a brief in the appeal.

Norm D. St. Landau, a trademarks attorney with Drinker, Biddle and Reath in Philadelphia, will work on the appeal along with Michael Lindsay of Dorsey & Whitney, the plaintiffs’ longtime attorney of record in the case. Lindsay and company won a unanimous ruling against the Redskins’ trademarks from the Trial Trademark and Appeal Board in 1999. The board found the Washington Redskins’ family of football trademarks disparaging to Indians. Judge Colleen Kollar-Kotelly overturned it on Oct. 1, ruling that the case had been filed too long after the trademarks’ issuance in 1967 and that the board’s findings were inadequate to cancel the trademark protections of the team’s name, logo and related properties.

St. Landau said the appeal will respectfully disagree with Kollar-Kotelly on the legal point behind her ruling on the delay in challenging the trademarks. Such Laches cases, as they are known in legal parlance, usually turn on whether the party claiming injury had relied on the party charged with delay, St. Landau said. In the current case, he added, the trademark owners did not rely on the litigants in any way.

On the issue of the predominant evidence put forward by Harjo, et al, St. Landau stated, "We firmly believe that the TTAB took great care to review a very lengthy and detailed record and then drew reasoned inferences from that record."

St. Landau comes to the case through a colleague at Dorsey & Whitney. He teaches trademark law at Cornell University, where he has made almost full-day presentations on the case for the past four years, he said. He finds it an interesting case for attorneys. "You’re trying to prove what a group of people believes or does not believe."

In addition, the Indian cause is a just one in his view and he looks forward to renewing a long-standing interest in public service litigation.

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So, let's review.

SEVEN people have decided that EVERYONE ELSE is offended by the name.

2/3 of all native Americans polled don't care about the name, and the other third are mildly put out by it. A federal judge has now TOLD them that it is not offensive and can stay,

and that ain't good enough for them.

These seven people know so much better than everyone else that they have absolutely NO consideration for the time and expense this frivoulous lawsuit has already cost, and now when they have lost on EVERY front of their battle, they don't get the message, and decide to tie up MORE time and MORE money.

This is indicative of the overwhelming urge our society has nowadays to CRY and WHINE when we don't get our way.

The "American Way" used to be to roll up your sleeves, spit on your palms and get busy when things got tough, and to shake hands and be graceful if your opponent wins fair .

But NO. Now we are a nation of crybabies. If we lose fair and square now, instead of exhibiting any sportsmanship, we cry, and we whine, and we scream and kick until someone gives us a pacifier.

It is enough to make me want to PUKE.

Not necessarily because the Redskins are targettted, but because this is what goes on now in all of our lives all over the place. Don't like the rules? That's ok, ignore them and then sue whoever made the rule when breaking it gets you in trouble. Don't like the fact you lost? Well, by all means lay down and cry til someone gives you your way.

Friggin babies. When this is all over, the Redskins ought to sue the living crap out of these idiots.

And you know what caused all this?

I'll tell you what caused all this.

Soccer.

T-Ball.

all these little namby pamby kids sports where the emphasis is on providing kids with a 'positive experience" rather than teaching them how to win and lose. Everyone in T-Ball gets to bat, and they don't count outs. Gee, so you didn't lose Timmy! You always tie! Isn't that positive? (Newsflash,, positive experience should come from home,, not from the coach.. if your kid needs to have the rules bent so he can feel good about himself, there's a bigger problem.) For the last 25 years the emphasis towards our kids is to teach them 'positive life experiences" and everyone is always happy and smiling, no one loses,, but... no one wins either.

What a great way to set them up for the long hard fall reality often provides.

And when these kids get into higher aspirations and LOSE they have no idea how to deal with it.

I coach pee-wee football,youngest tackle age... my players are from 5 to 7 years of age. It's a game when you can't do that cheesy junk to help every kid have a 'positive experience". (I play all my kids so they can have fun,,, but that's different from what I am talking about)

You win, or you lose. I teach my kids to be gracious in victory, and gracious in defeat, and I expect them to behave like 'men' when they lose... meaning, no crying to the ref, no throwing your helmet... even if you got screwed by a bad call, or whatever,, you take your lump, shake hands, and move on to fight again next time.

Besides, I hate to lay this out there,, but LIFE is not about positive experiences. Plenty of life is negative experiences, and if we don't train our kids how to handle adversity, they turn into the whining bunch of ninnies currrently populating this country.

~Bang

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Originally posted by Bang

I'll tell you what caused all this.

Soccer.

T-Ball.

I can see how T-Ball is totally ridiculous. At the end of the season, these leagues give everyone a championship trophy :doh:

But what's wrong with soccer? Are there soccer leagues where they don't keep score? I've never heard about that. I definitely remember playing on many a losing soccer team in my youth. Of course it wasn't football, but it wasn't all sunshine and rainbows either.

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Originally posted by laurent

I've heard people say plenty of things about soccer but saying that it corrupted the very fiber of our society is easily the funniest thing yet :rotflmao:

Cartoon fodder for Bang?:cheers:

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Originally posted by DjTj

I can see how T-Ball is totally ridiculous. At the end of the season, these leagues give everyone a championship trophy :doh:

But what's wrong with soccer? Are there soccer leagues where they don't keep score? I've never heard about that. I definitely remember playing on many a losing soccer team in my youth. Of course it wasn't football, but it wasn't all sunshine and rainbows either.

The PC menace run amok

This appeal just goes to show that liberals never admit they are wrong or that they have lost, they just WHINE LOUDER!!!!

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