Earlier quoted context omitted.
Well, Apache is the name of a group of tribes and they might decide they want the website back. And I take a bit of an offense at you telling me or my Dad what you think Redskin means versus what he grew up with and myself growing up on a reservation with the slang "skins" being used often and not in anyway like your dictionary definition probably written by someone who had never set foot on a reservation.
For some reason, liberals like to be offended on behalf of other groups.
U.S. Patent Office Cancels Trademark For Redskins Football Team
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Re: U.S. Patent Office Cancels Trademark For Redskins Football Team
#22According to Deadspin: The cancellation of the Redskins' trademarks will not have an immediate impact. They will appeal, and be allowed to continue exclusively using the trademark in the meantime. But should the cancellation stand up, there will be nothing on the federal level to stop random schmoes from selling Redskins gear, with logos and all. One could imagine this having the perverse result of the team becoming…
Re: U.S. Patent Office Cancels Trademark For Redskins Football Team
#23Earlier quoted context omitted.
Not sure 'apache' is quite the same as 'redskins'.
The Apache group of tribes probably have a much stronger case with an WPO or trademark claim now to get the name and website (apache.org).
And bear in mind that trademark law does not aim to be a unique name registry. The trademark is issued in the context of the business. For example, the USPTO has trademarks registered for Apache helicopters and Apache skateboards, among others.
Re: U.S. Patent Office Cancels Trademark For Redskins Football Team
#24For anyone not understanding what this is about, here's the most important part of the ruling: > > ...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, in violation of Section 2(a) > of the Trademark Act of 1946, 15 U.S.C. § 1052(a). > Seems like this ruling may lead to m…
A good example of this is "Dykes on Bikes," a trademark that was allowed after evidence showing that lesbians did not find the term disparaging: http://en.wikipedia.org/wiki/Dykes_on_Bikes#Legal_battle_to_... ("The court found that men had no grounds to be offended by the term. McDermott stated his opposition against any group associated with the annual Dyke March, which he dubbed 'the Annual Illegal San Francisco Dyke Hate Riot' in which he and all men are subject to criminal attacks and civil right violations.")
In this particular case, although many native americans do not mind the term, a sizable portion find it to be akin to the n-word for african americans. Indeed, in the early 1990's a native american group brought cancellation proceedings for the trademark: http://en.wikipedia.org/wiki/Washington_Redskins_name_contro.... The USPTO canceled the registration then, but the decision was overturned on appeal for insufficient evidence of disparagement.
Re: U.S. Patent Office Cancels Trademark For Redskins Football Team
#25Re: U.S. Patent Office Cancels Trademark For Redskins Football Team
#26This is a bit ridiculous.
Re: U.S. Patent Office Cancels Trademark For Redskins Football Team
#27An interesting visualization showing the land seized from Native Americans in the United States. http://www.slate.com/blogs/the_vault/2014/06/17/interactive_...
A more humorous look here. https://www.youtube.com/watch?v=GZr7ADxLff8#t=0m38s
Re: U.S. Patent Office Cancels Trademark For Redskins Football Team
#28edit: want to add i am totally in favor of renaming the team. it would be cool to keep the spirit..perhaps the "native americans"?
Re: U.S. Patent Office Cancels Trademark For Redskins Football Team
#29For anyone not understanding what this is about, here's the most important part of the ruling: > > ...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, in violation of Section 2(a) > of the Trademark Act of 1946, 15 U.S.C. § 1052(a). > Seems like this ruling may lead to m…
The team's name was based on a derogatory term, but their logo depicted a native american man that was drawn semi realistic.
The Cleveland Indians literally use a cartoon caricature a Native American with red skin and a questionable facial expression: http://en.wikipedia.org/wiki/File:Cleveland_Indians_logo.svg
Re: U.S. Patent Office Cancels Trademark For Redskins Football Team
#30For anyone not understanding what this is about, here's the most important part of the ruling: > > ...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, in violation of Section 2(a) > of the Trademark Act of 1946, 15 U.S.C. § 1052(a). > Seems like this ruling may lead to m…
Probably not. The test for disparagement has two elements: 1) whether the mark singles out an identifiable group; and 2) whether a substantial composite of the group would find the mark disparaging. That is to say, the mark doesn't just have to be offensive to someone somewhere, but rather it has to be perceived as disparaging by a substantial portion of the particular group singled out by the mark. A good example of…