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Washington Redskins trademark cancelled


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The U.S. Patent and Trademark Office has canceled the Washington Redskins trademark registration, an extremely rare move the office said it made because the name is offensive to Native Americans.  

Feel free not to read this thread if it gives you the vapors. There's no rule that says you have to hyper-post on every single thread on this site.

That's exceptionally rare.

 

Question for the trademarks lawyers - Do you suppose this would qualify as an unlawful taking by the government?

 

It isn't part of any known legal effort to rein in similar names (Cleveland Indians, Milwaukee Bucks, Vancouver Canucks, etc) or many college and high school names in widespread use.

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I struggle to see how it is illegal taking as a non-lawyer - they are basically saying "This thing we said was trademarkable - yeah actually it isn't" Its not seizing anything other than saying you can't use the legal system to protect the use of this term. They can still call themselves the Redskins and sell things with that motto. Also - does this apply to the logo? Probably not right

 

They actually have done this exact route before. In '99 they came to the same decision but a court overturned it on appeal. Basically said they hadn't proved that "Redskins" was offensive.

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It isn't part of any known legal effort to rein in similar names (Cleveland Indians, Milwaukee Bucks, Vancouver Canucks, etc) or many college and high school names in widespread use.

 

Bucks is offensive? I thought it referred to deer--they had a deer in their logo at one point.

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That's exceptionally rare.

 

Question for the trademarks lawyers - Do you suppose this would qualify as an unlawful taking by the government?

 

It isn't part of any known legal effort to rein in similar names (Cleveland Indians, Milwaukee Bucks, Vancouver Canucks, etc) or many college and high school names in widespread use.

This is federal trademark protection that has been withdrawn. There may be state mark protections that apply.

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It's a shame the patent office can't do something about this -

Poverty among Native Americans (Wikipedia)

Poverty is also notoriously high on Native American reservations. 7 of the 11 poorest counties in per capita income, including the to 2 poorest in the U.S., encompass Lakota Sioux reservations in South Dakota. This fact has been cited by some critics as a mechanism that enables the “kidnapping” of Lakota children by the state of South Dakota's Department of Social Services. The Lakota People’s Law Project, among other critics, allege that South Dakota “inappropriately equates economic poverty with neglect...South Dakota's rate of identifying 'neglect' is 18% higher than the national average...In 2010, the national average of state discernment of neglect, as a percent of total maltreatment of foster children prior to their being taken into custody by the state, was 78.3%. In South Dakota the rate was 95.8%.”

Poverty in the Pine Ridge Reservation in particular has had unprecedented effects on its resident's longevity. “Recent reports state the average life expectancy is 45 years old while others state that it is 48 years old for men and 52 years old for women. With either set of figures, that's the shortest life expectancy for any community in the Western Hemisphere outside Haiti, according to The Wall Street Journal”

 

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Only if you spell it Canouk.

 

Definitely not a taking.

 

But the team loses the right to limit sales of branded merchandise. That has economic value.

 

 

That's not how the law works. The government didn't "take" anything for the purpose of the Fifth Amendment. The court (okay, administrative tribunal) found that the trademark registration was invalid because it violated the law, section 2(A) of the Trademark Act. The trademark is invalid according to the Act. It simply can't be legally registered because you can't register trademarks that "may disparage persons or bring them into contempt or disrepute". You can't do it.

 

A taking for the purpose of the Fifth Amendment is a government taking private property for public use. This is more like the government revoking your permit to serve food to people because it found that your practices violated the health code.

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