What's in a name?: 'Redskins' trademark canceled by federal judge
The Washington Redskins, a National Football League team notorious for its efforts to safeguard its controversial name, suffered another major loss against the Native American community.
In a June 2014 court decision, the US Patent and Trademark Office canceled six Washington Redskins trademarks, saying that the logo was "."聽 But that the ruling didn鈥檛 require the Washington team to change their name, it only changed their trademark agreement.
The team sued the Native American activists in federal court, looking to overturn the decision, but US District Court Judge Gerald Bruce Lee the previous ruling, citing the requirement that trademarks be withheld if they "disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute."
In September 2013, National Public Radio spoke with about the origin of the word 鈥渞edskin.鈥� They his findings:聽
鈥arly historical records indicate that 鈥淩edskin鈥� was used as a self-identifier by Native Americans to differentiate between the two races. Goddard found that the first use of the word 鈥渞edskin鈥� came in 1769, in negotiations between the Piankashaws and Col. John Wilkins. Throughout the 1800s, the word was as they negotiated with the French and later the Americans.
But two centuries later, 聽notes that the term is "usually offensive," and聽聽describes it as "disparaging and offensive."
滨苍听 in Slate Magazine, former Native American plaintiff Suzanne Harjo said the word "redskin" originated in "the practice of presenting bloody red skins and scalps as proof of Indian kill for bounty payments."
Whatever the word's origins, the football team argues that a removal of their trademark ownership now violates their First Amendment rights.
After last year's PTO ruling, the team鈥檚 trademark attorney , 鈥淲e鈥檝e seen this story before. And just like last time, today鈥檚 ruling will have no effect at all on the team鈥檚 ownership of and right to use the Redskins name and logo.鈥�
He cited a 2003 court ruling that described the Native Americans' argument as 鈥渦nsupported by substantial evidence鈥� and 鈥渓ogically flawed.鈥�
In the wake of not one but two court decisions in favor of the Native American plaintiffs, the team will probably appeal, all the way to the US Supreme Court if they choose to.
Team owner Daniel Snyder has repeatedly insisted on his right to the name,聽, "We will never change the name. It鈥檚 that simple. NEVER 鈥� you can use caps."
