Another Hurdle for the Washington Redskins Fight for Trademark Protection

Posted by

In June, a group of five Native Americans successfully challenged the Washington Redskins’ trademark as disparaging. Now, the five Native Americans asked a federal judge to dismiss the team’s counter-lawsuit to reverse the U.S. Patent and Trademark Office’s (USPTO) decision. The Native Americans filed a motion in U.S. District Court arguing that the team does not have a legal right to sue the five Native Americans to reverse the USPTO’s ruling.

After the USPTO ruled in favor of the Native Americans, the Washington Redskins organization sued the five Native Americans arguing that “Redskins” is not offensive and that the USPTO erred in canceling the six Redskins trademarks.

The Native Americans now argue that they are not “parties in interest” who can be sued in a trademark case. They contend that they “stand to gain nothing or lose nothing.” The Redskins organization simply sued the wrong party and should of filed its challenge against the USPTO’s Trademark Trial and Appeal Board itself.

Before a federal lawsuit is heard, the judge must conclude that an actual “case or controversy” exists between the parties. A “controversy” exists when the parties to a case have an interest in the outcome. Here, the Native Americans argue that they have no legal or economic interest in wrestling control of the Redskins trademark for themselves. The Native Americans claim that a “controversy” only exists between the team and the USPTO, which the Redskins accuse of violating First Amendment and due process rights.

Interestingly enough, the Redskins decision not to appeal the USPTO decision to the U.S. Court of Appeals was presumably because that Court already rejected the team’s constitutional arguments in preceding case law.

If the District Court grants the Native Americans’ motion, the Redskins may be out of options to protect their trademark. A USPTO ruling is only appealable 60 days after the decision. Since the Redskins’ trademark revocation came down in June, the team exceeded the 60-day period to appeal. Although the revocation does not prohibit the team from using their name and logo, it does strip away any protection they have in the trademark from third-party use.

 

23 comments

  1. I’m the business owner of JustCBD brand (justcbdstore.com) and I’m presently aiming to grow my wholesale side of company. I am hoping anybody at targetdomain is able to provide some guidance 🙂 I thought that the most effective way to do this would be to reach out to vape stores and cbd retail stores. I was really hoping if anybody could suggest a reliable web-site where I can buy CBD Shops B2B Marketing List I am already taking a look at creativebeartech.com, theeliquidboutique.co.uk and wowitloveithaveit.com. Not exactly sure which one would be the most ideal selection and would appreciate any advice on this. Or would it be easier for me to scrape my own leads? Ideas?

  2. Hello! I just want to offer you a huge thumbs up for the excellent info you have right here on this post. I will be coming back to your web site for more soon.

  3. You are so interesting! I don’t think I’ve truly read through something like this before. So good to find another person with some genuine thoughts on this topic. Seriously.. thank you for starting this up. This website is something that is required on the internet, someone with some originality!

  4. When I initially left a comment I seem to have clicked on the -Notify me when new comments are added- checkbox and now every time a comment is added I get 4 emails with the exact same comment. Is there a way you can remove me from that service? Many thanks!

  5. Having read this I thought it was very informative. I appreciate you taking the time and energy to put this content together. I once again find myself personally spending a significant amount of time both reading and commenting. But so what, it was still worth it!

  6. Oh my goodness! Incredible article dude! Thanks, However I am encountering difficulties with your RSS. I don’t know why I cannot subscribe to it. Is there anybody getting similar RSS issues? Anyone who knows the answer will you kindly respond? Thanks!!

  7. You are so awesome! I do not suppose I’ve truly read something like this before. So wonderful to find someone with some genuine thoughts on this subject matter. Seriously.. thank you for starting this up. This web site is something that is required on the internet, someone with some originality!

  8. I’m amazed, I must say. Seldom do I encounter a blog that’s equally educative and amusing, and without a doubt, you’ve hit the nail on the head. The problem is something which too few men and women are speaking intelligently about. I’m very happy I stumbled across this during my hunt for something regarding this.

  9. You are so interesting! I don’t think I’ve truly read something like this before. So great to discover another person with some original thoughts on this subject matter. Seriously.. thank you for starting this up. This website is one thing that is needed on the internet, someone with a bit of originality!

  10. That is a really good tip particularly to those fresh to the blogosphere. Brief but very precise information… Thanks for sharing this one. A must read article!

  11. You’re so interesting! I do not believe I have read something like that before. So good to find another person with some genuine thoughts on this topic. Seriously.. thank you for starting this up. This web site is one thing that is needed on the web, someone with some originality!

  12. I seriously love your website.. Very nice colors & theme. Did you build this website yourself? Please reply back as I’m hoping to create my very own website and would like to find out where you got this from or exactly what the theme is named. Cheers!

  13. Hey there! I just would like to offer you a big thumbs up for the great info you have right here on this post. I’ll be coming back to your web site for more soon.

Leave a Reply

Your email address will not be published.