What's in a name?: 'Redskins' trademark canceled by federal judge
A second federal court has ordered the cancellation of the Washington Redskins' national trademark registrations.
A second federal court has ordered the cancellation of the Washington Redskins' national trademark registrations.
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 "disparaging to Native Americans."聽 But NBC Washington reported 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 affirmed the previous ruling, citing the Lanham Act鈥檚 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 Smithsonian historian Ives Goddard about the origin of the word 鈥渞edskin.鈥� They reported his findings:聽
But two centuries later, Merriam-Webster聽notes that the term is "usually offensive," and聽dictionary.com聽describes it as "disparaging and offensive."
In聽a 2013 article 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 Bob Raskopf said, 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telling USA TODAY in 2013, "We will never change the name. It鈥檚 that simple. NEVER 鈥� you can use caps."