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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

#51

Post by protomyth »

VLM wrote: post #34
pcl wrote: post #23

Earlier quoted context omitted.

Even if the Apache Software Foundation were to lose the trademark on the right to exclusively use that word in the software industry, that does not mean they would necessarily need to give up the domain. 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 Apach…

Speaking of apache helicopters, the .mil has the highest concentration of native american names I can think of of, mostly names for weapon systems. Those looking to "make a statement" can probably find the next lawsuit in that arena.

uhm, given the very high percentage of Native Americans serving in the military, I would except one hell of a back lash if any group tried this.

Re: U.S. Patent Office Cancels Trademark For Redskins Football Team

#52

Post by talmand »

emehrkay wrote: post #11
bitJericho wrote: post #5

Earlier quoted context omitted.

Apache is not a derogatory name for an American Indian. '"Redskin" is a term for Native Americans. Its connotations are a subject of debate,[1] although the term is defined in current dictionaries of American English as "usually offensive",[2] "disparaging",[3][4] "insulting",[5] and "taboo." [6]' http://en.wikipedia.org/wiki/Redskin_(slang)

I learned over the weekend that "red skin" was used to describe the blood on their skin after they were maimed/killed. edit: http://www.npr.org/2014/06/12/321392824/the-ad-campaign-to-t...

I would have to say that's what the term meant in California during the mid-1800s as the person describes. The term could have easily meant something different to different people in a different section of the country. It could have been a negative description, a positive description, or just simply a description. Whether it be an accurate description or not.

Re: U.S. Patent Office Cancels Trademark For Redskins Football Team

#53

Post by dragonwriter »

protomyth wrote: post #48
dragonwriter wrote: post #44

Earlier quoted context omitted.

The organized groups that have been involved in protest against disparaging use of Native American slurs or images by sports teams are often also (and often far more) concerned about other failures of government related to treatment of Native Americans (of course, government granted monopolies like registered trademarks are as much actions of government as prosecutorial decisions, so its inconsistent to label only th…

AIM isn't behind this and I'm not sure AIM is even a going concern these days after everything that the FBI did to them. It would be hard to actually live on a reservation and not know about AIM or its history.

> AIM isn't behind this

AIM's history of involvement on this issue was among the pieces of evidence cited in the decision supporting the conclusion of fact that the marks at issue were disparaging to a substantial composite of Native Americans at the time registered.

> I'm not sure AIM is even a going concern these days after everything that the FBI did to them.

There clearly less active now than in the past, e.g., their most recent press release on their website is October 22, 2013 -- concerning the very issue here, interestingly enough.

Re: U.S. Patent Office Cancels Trademark For Redskins Football Team

#54

Post by bruceb »

apendleton wrote: post #22
bruceb wrote: post #3

According 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…

They would potentially become more popular, but they wouldn't get the revenue from that popularity, because the knockoff vendors wouldn't pay for the rights to the Redskins IP. Since merchandise is a major revenue stream for sports teams, it seems unlikely, were it to come to that, that the team would tolerate it for too long; they wouldn't really have any choice but to change their name to something that could be tr…

I do imagine they would change quickly if it came down to it. Though the market for "traditional" merch would be alive for a while.

Re: U.S. Patent Office Cancels Trademark For Redskins Football Team

#55

Post by talmand »

djim wrote: post #28

there are many native americans who support the use of this name. it honors them. it's perhaps the most "american" team in pro-football, next to their rivals, the cowboys. the name may genuinely offend some of native american origins. i doubt these folks happen to be fans of the team. not sure if that matters, just sayin. edit: want to add i am totally in favor of renaming the team. it would be cool to keep the spiri…

I personally find it strange that the accepted term is "Native American" considering some of the treatment by Americans of the past and the fact they didn't name their land "America".

Re: U.S. Patent Office Cancels Trademark For Redskins Football Team

#57

Post by dragonwriter »

protomyth wrote: post #39
thenmar wrote: post #36

Earlier quoted context omitted.

Um, it did come from a Native American group. Not that your opinion on whether or not something is an "actual movement" matters to anyone but yourself...

You didn't actually read the document with the named-non-group plaintiffs.

The plaintiffs are individual persons because of the standing issues related to disparagement claims), and ones just past the age of legal adulthood specifically to negate the laches defense raised in the immediately previous case on the same issue (the Harjo case, whose procedural history is discussed at length in the decision, and whose trial record was adopted wholesale in this case by mutual consent of the parties, because the substantive issues in this case are a subset of those in the Harjo case.

So, while its nice that you read the named plaintiffs, it would probably help if you read the document beyond the names of the parties to get a clear understanding of what is actually going on.

Re: U.S. Patent Office Cancels Trademark For Redskins Football Team

#58

Post by protomyth »

dragonwriter wrote: post #57
protomyth wrote: post #39

Earlier quoted context omitted.

You didn't actually read the document with the named-non-group plaintiffs.

The plaintiffs are individual persons because of the standing issues related to disparagement claims), and ones just past the age of legal adulthood specifically to negate the laches defense raised in the immediately previous case on the same issue (the Harjo case, whose procedural history is discussed at length in the decision, and whose trial record was adopted wholesale in this case by mutual consent of the partie…

I'm pretty well aware of what's going on, hard not to be where I'm standing. I didn't see the support I would want to see, but I wouldn't expect it given earlier actions.

Re: U.S. Patent Office Cancels Trademark For Redskins Football Team

#59

Post by talmand »

greatergoodguy wrote: post #12
protomyth wrote: post #7

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.

He didn't tell you what he thinks the word meant. He told you the definition as accepted by many dictionaries. Be careful not to take other peoples word and apply it through your own filter.

Seems that advice could easily go both ways.

Re: U.S. Patent Office Cancels Trademark For Redskins Football Team

#60

Post by dragonwriter »

talmand wrote: post #55
djim wrote: post #28

there are many native americans who support the use of this name. it honors them. it's perhaps the most "american" team in pro-football, next to their rivals, the cowboys. the name may genuinely offend some of native american origins. i doubt these folks happen to be fans of the team. not sure if that matters, just sayin. edit: want to add i am totally in favor of renaming the team. it would be cool to keep the spiri…

I personally find it strange that the accepted term is "Native American" considering some of the treatment by Americans of the past and the fact they didn't name their land "America".

> I personally find it strange that the accepted term is "Native American"

"Native American" isn't the accepted term so much as one of the more commonly accepted terms.

> considering some of the treatment by Americans of the past and the fact they didn't name their land "America".

Since Native Americans don't share a single pre-colonization language or name for the land, its not really surprising that one of the more broadly accepted blanket terms in English for the group is one that includes the name of the land in the English and a reference to Native Americans historical precedence in the land.

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