Saying that it is offensive to Native Americans, the US Patent Office cancelled the trademarks registrations to the football team, the Washington Redskins on Wednesday.
The move to strip the Washington football team of their registered name is rare, but in a 2-1 ruling the Trademark Trial and Appeal Board within the Patent Office determined that the term “Redskins” is disparaging to Aboriginal Americans.
“We decide, based on the evidence properly before us, that these registrations must be cancelled because they were disparaging to Native Americans at the respective times they were registered,” the Trademark Trial and Appeal Board wrote in its opinion Wednesday.
The fight over the team’s nickname has spanned 22 years, the dispute began in 1992. The team won an appeal in the case in 2009 after it was ruled that the plaintiffs had waited too long to dispute the use of the name “Redskins.”
The team can and will no doubt appeal the decision and can continue to use the Trademark as the case continues through the system.
Additionally, the team can continue to use the name “Redskins” even if they do not win their appeal based on “Common Law” rights. But, without the patent to the name, the team would be barred from using the registration symbol and would not be able to register the name with customs to block the import of counterfeit items bearing the name.
The team, originally the Boston Braves, changed their name in 1932. In a wrote in a letter to ticket holders:
As some of you may know, our team began 81 years ago — in 1932 — with the name “Boston Braves.” The following year, the franchise name was changed to the “Boston Redskins.” On that inaugural Redskins team, four players and our Head Coach were Native Americans. The name was never a label. It was, and continues to be, a badge of honor.
The team, up[ until 1932, shared their name with Boston’s baseball team, the Boston Braves and played on the same field, “Braves Field.” But, that all changed that year when the team moved to Fenway Park, the home of the Boston Red Sox.
The team became the Washington Redskins when they relocated to Washington D.C. in 1937.
The dispute is over the name only and not the logo of the team.
U.S. Patent Office Cancels Washington Redskins Trademark added by Staff on
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