Article

2014-07-03 -Land of the Free

Patent office didn't receive a single public complaint before stripping Redskins trademark

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Posted by Fred 2014-07-03 00:00|| || Front Page|| [3 views ] Top

#1 PTO employee here. The "obscure administrative law board" is the Trademark Trial and Appeal Board, a federal court. This wasn't agency rulemaking open to public comment. It was a dispute was between two private parties, the challenger having standing under the Lanham Act, under which the government can decline to extend trademark protections to offensive or disparaging marks. Much like state DMVs will not issue offensive or obscene vanity plates.

Interestingly:

In 1999, the TTAB issued a decision in which the trademark of the Washington Redskins football team was canceled under this provision, based on the claim that the name Redskins was disparaging to Native Americans.

On appeal to the federal district court and then to [Court of Appeals for the Federal Circuit, one step below the U.S. Supreme Court], the TTAB's decision was reversed in 2005 in Pro-Football, Inc. v. Harjo as the laches defense as applied to the particular plaintiffs who brought the complaint was not considered. However, this case was ultimately dismissed when remanded to the District Court.

Link

Since the evidence was weak, the TTAB decision will almost certainly be appealed and reversed again. And hopefully dismissed with prejudice.

Funny how the government can decline to enforce "disparaging" marks, yet cannot bar vexatious litigants from using the courts to engage in harassment and lawfare.

Posted by RandomJD 2014-07-03 07:32|| 2014-07-03 07:32|| Front Page Top

#2 They started out as the Boston Braves. Their coach was a native American. He didn't object.

Posted by Deacon Blues 2014-07-03 08:07|| 2014-07-03 08:07|| Front Page Top

#3 And yet the Treasury keeps printing and coining money with slaveholders on them. How offensive is that to another minority? BTW, the natives of the (NY) Finger Lakes region do find the paper with Washington offensive. Something to do with some of their ancestors joining the British effort on Fort Stanwix resulting in George ordering a 'scorched earth' retaliation campaign they remember to this day.

Posted by Procopius2k 2014-07-03 08:33|| 2014-07-03 08:33|| Front Page Top

#4 Agendas need no support outside the inner circle?

Posted by Uncle Phester 2014-07-03 08:37|| 2014-07-03 08:37|| Front Page Top

#5 A list of other sports teams with Indian-like names: Names of sports teams. I hope that I haven't inadvertently planted the idea of other work to do by the Feral government for years to come--or God forbid created another agency or two. I don't know what they will do about Mexico's and Canada's teams with Indian-like names. Probably work for the State Department's negotiations and new treaties.

Posted by JohnQC 2014-07-03 08:42|| 2014-07-03 08:42|| Front Page Top

If Besoeker's famous 'Prawn and Rice Peri Peri' recipe shall not be altered in any way. Go ahead.... SUE ME !

Posted by Besoeker 2014-07-03 09:23|| 2014-07-03 09:23|| Front Page Top

#7 Careful Besoeker, you might get your front door kicked down at 4:00 a.m. by a SWAT team from the U.S. Patent and Trademark Office and then Lois Lerner might show up.

Posted by JohnQC 2014-07-03 09:51|| 2014-07-03 09:51|| Front Page Top

#8 Well the government needs to give its PR department (the MSM) something to write stories about. Otherwise all those nasty ones like the border chaos, IRS, etc. might be ran. No one wants that. Do they?

Posted by DarthVader 2014-07-03 11:06|| 2014-07-03 11:06|| Front Page Top

#9 I remember a few years ago Jessie Jackson tried to shake down the Aunt Jemmima folks for their characicture image of a black lady.

The owners showed him photos of the companies founder and Jessie left without a cent.

Posted by rjschwarz 2014-07-03 15:01|| 2014-07-03 15:01|| Front Page Top

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