USPTO Cancels Redskins Trademarks

[riggofan]

No doubt this will be appealed, but this is an interesting wrinkle in the name controversy.

http://washington.cbslocal.com/2014/06/ ... w.facebook

LANHAM, Md. (CBSDC) — The United States Patent and Trademark Office canceled six federal trademarks held by the Washington Redskins involving the team’s name in a potentially landmark ruling issued Wednesday morning.

The cancellations are pending, according to the USPTO, and the Redskins are likely to appeal the decision.

The board wrote the following in its opinion: “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 team has not responded to a request for comment.

Redskins owner Daniel Snyder has vowed to never change the team name.

This story will be updated.

[EA7649]

Well this definitely hurts the credentials for the redskins argument. I was going to say, that its sad that the redskins are only getting attention bc of this nationwide argument. But than thought, the team has been getting attention, since drafting Griffen III has been on the team.

Let the more court hearings begin...

[hanburgerheel]

Misplaced White Guilt is so pathetic. It's always too late to truly make amends, or -heaven forbid- not make the mistake in the first place. 5 generations later, you get a handful who are politically-connected and they influence certain people. Meanwhile, another "group" is being screwed-over by those same people and no one has any issue with that!

[Chris Luva Luva]

Well this definitely hurts the credentials for the redskins argument. I was going to say, that its sad that the redskins are only getting attention bc of this nationwide argument. But than thought, the team has been getting attention, since drafting Griffen III has been on the team.

Let the more court hearings begin...

This situation has revealed some truths about Snyder and this organization.


1. Snyder is still an idiot.
2. Bruce Allen and company are "yes men".


Snyder has totally screwed himself. He's been overly demonstrative in his unwillingness to listen. The words and tone of his messages have done nothing but fuel the fire. The twitter campaigns from this organization have backfired and were stupid to begin with. If the NYPD and other organizations haven't taught their PR dept anything, nothing will. SOMEBODY has to grow a pair of balls and Bruce Allen isn't that man. Snyder as usual is his own worst enemy. He cannot protect himself, from himself. Nobody can protect this team from him either. They're all too scared.

This was a bad situation to begin with, but I feel that if he'd simply STFU and not be so abrasive, it would have ended in a stale-mate. But his brashness has forced the fence sitters against him. It's forced people who didn't really give a darn either way to spite him, because he's uber insensitive. He's a moron. And all he did was appease a fanbase that loves him one day and will hate him the other. They're fickle, and he sold out for them and he's gonna lose. He's gonna lose the name, the money and the fanbase. Why? Because he's an idiot and nobody is willing to tell him that he doesn't know it all.

- Dan Snyder, you're a failure. But we already knew that.
- Bruce Allen, I had hopes. But you sir have failed too.

[riggofan]

I don't know if it hurts the Redskins' argument or not. My guess is that people have made their minds up about the name no matter what the USPTO decides. But the opinion of the PTO is definitely more important to Dan Snyder than public opinion or any polls people want to cite:

"If the name, after all appeals, is deemed to not be protected by trademark laws, anyone and everyone will be able to sell merchandise bearing the name and colors without the team having the ability to enforce its rights through legal action."

[EA7649]

Well this definitely hurts the credentials for the redskins argument. I was going to say, that its sad that the redskins are only getting attention bc of this nationwide argument. But than thought, the team has been getting attention, since drafting Griffen III has been on the team.

Let the more court hearings begin...

This situation has revealed some truths about Snyder and this organization.


1. Snyder is still an idiot.
2. Bruce Allen and company are "yes men".


Snyder has totally screwed himself. He's been overly demonstrative in his unwillingness to listen. The words and tone of his messages have done nothing but fuel the fire. The twitter campaigns from this organization have backfired and were stupid to begin with. If the NYPD and other organizations haven't taught their PR dept anything, nothing will. SOMEBODY has to grow a pair of balls and Bruce Allen isn't that man. Snyder as usual is his own worst enemy. He cannot protect himself, from himself. Nobody can protect this team from him either. They're all too scared.

This was a bad situation to begin with, but I feel that if he'd simply STFU and not be so abrasive, it would have ended in a stale-mate. But his brashness has forced the fence sitters against him. It's forced people who didn't really give a darn either way to spite him, because he's uber insensitive. He's a moron. And all he did was appease a fanbase that loves him one day and will hate him the other. They're fickle, and he sold out for them and he's gonna lose. He's gonna lose the name, the money and the fanbase. Why? Because he's an idiot and nobody is willing to tell him that he doesn't know it all.

- Dan Snyder, you're a failure. But we already knew that.
- Bruce Allen, I had hopes. But you sir have failed too.

Good point I agree. I think it could be all about Snyder's pride. He didn't want to be wrong and wanted to stand up for something he believed in (which is an American right), but he made himself underwater and now it escalated far beyond where it should have went.

[HEROHAMO]

Goes to show how Congress always wants there way or else. Freaking A man.

The front office issued a statement saying this action the USPTO has taken will not affect any descision with our team going forward. All though I doubt it.

Then again I hope this just goes away. Most likely years and years in court.

[PAPDOG67]

Well this definitely hurts the credentials for the redskins argument. I was going to say, that its sad that the redskins are only getting attention bc of this nationwide argument. But than thought, the team has been getting attention, since drafting Griffen III has been on the team.

Let the more court hearings begin...

If the NYPD and other organizations haven't taught their PR dept anything, nothing will.

Just curious how the NYPD plays into this?

[Cappster]

The writing is on the wall, fellas. The name is going to go away...it's just a matter of time.

[Chris Luva Luva]

Goes to show how Congress always wants there way or else. Freaking A man.

If Snyder had shut up, I doubt they would have even said a word.

The writing is on the wall, fellas. The name is going to go away...it's just a matter of time.

Yep.

Just curious how the NYPD plays into this?

Google NYPD's failed twitter campaign. Google the Skins failed twitter campaign. Compare.

[emoses14]

This ruling from the USPTO will end up being overturned on appeal much like it was the last time. I could care less what congress has to say about the matter. Unless and until they pass a law banning the use of the name, all of this is puffery. I'll need to compare this ruling to the last USPTO ruling wherein the name was denied trademark protection, but if there isn't significant difference between the evidence used to substantiate this ruling as compared to the prior ruling, the appeal will turn out the same way.

I'd love to know how you, Chris, have such an insight into whether or not Bruce is a "yes man". I do not question your insight that Snyder is an idiot for even opening his mouth in the first place, cause, that's just obvious. Snyder will have only screwed himself if and when a final, non-appealable decision stripping the name of any trademark protection has been handed down and/or enough people boycott the skins as to ACTUALLY CAUSE A DENT (i mean a big one, too) IN TEAM REVENUE. Until that time, he's still sitting pretty.

[Chris Luva Luva]

I'd love to know how you, Chris, have such an insight into whether or not Bruce is a "yes man". I do not question your insight that Snyder is an idiot for even opening his mouth in the first place, cause, that's just obvious. Snyder will have only screwed himself if and when a final, non-appealable decision stripping the name of any trademark protection has been handed down and/or enough people boycott the skins as to ACTUALLY CAUSE A DENT (i mean a big one, too) IN TEAM REVENUE. Until that time, he's still sitting pretty.

Bruce is a "yes man" for the very reason you agree with me. Dan is opening his mouth... Bruce needs to keep his pitbull on a leash. As team president, I would absolutely hope that he has the gonads to tell Snyder that he's making it worse. OR... Maybe you're right. Maybe Bruce isn't a yes man and he's simply just as dumb as Snyder is. That's totally possible. I get it, Dan's an owner, he can do whatever he wants... And that's why this situation is getting worse.

The NFL won't take much more of this negative publicity. They go out of their way to squash it and with Snyder CONSTANTLY blowing oxygen on the flames by opening his mouth, I believe the league will not continue to back him with their silence on the issue. Especially in the wake of the Donald Sterling fiasco...

[Irn-Bru]

I don't see it that way, CLL. I think early on Snyder really screwed things up, talking off the cuff and whatnot. But since then the Redskins have gotten their story straight and have presented a much more organized front from a PR standpoint. The foundation was kind of a mix between the two "eras" in the way the Redskins have handled the controversy, but by the time of Bruce Allen's letter in reply to Senator Reid I think they had basically gotten a handle on things.

This trademark ruling doesn't really have to do with whether the team can keep the team name. And the fact that it was struck down will result in more Redskins merchandise and branding going on, not less . . . so it won't even have done anything to help the anti- cause in the end.

[Irn-Bru]

The writing is on the wall, fellas. The name is going to go away...it's just a matter of time.

I disagree. This is not obvious at all. The issue seems to be up the air still.

[cowboykillerzRGiii]

I agree an all points Irn-Bru...
Let's not forget that the skins will appeal and most likely win.

Brands like FUBU crackerjack etc would be in jeopardy of losing their copy right protection as well.. this ruling is anti g but constitutional and should be a cold day in hell when it is ever upheld.

I see this a a political jab back at Snyder.. nothing more. We are no closer to changing OUR name than we were yesterday imho..

[Chris Luva Luva]

I don't see it that way, CLL. I think early on Snyder really screwed things up, talking off the cuff and whatnot. But since then the Redskins have gotten their story straight and have presented a much more organized front from a PR standpoint. The foundation was kind of a mix between the two "eras" in the way the Redskins have handled the controversy, but by the time of Bruce Allen's letter in reply to Senator Reid I think they had basically gotten a handle on things.

I don't think their PR appeals to anyone but the fanbase. That's the problem I see with it.

This trademark ruling doesn't really have to do with whether the team can keep the team name. And the fact that it was struck down will result in more Redskins merchandise and branding going on, not less . . . so it won't even have done anything to help the anti- cause in the end.

I understand that. But he'll be losing money if other people can use it, if this goes through. That means the league loses money. This issue is lingering and the longer it does, the worse it's going to get.

[Deadskins]

I don't know if it hurts the Redskins' argument or not. My guess is that people have made their minds up about the name no matter what the USPTO decides. But the opinion of the PTO is definitely more important to Dan Snyder than public opinion or any polls people want to cite:

"If the name, after all appeals, is deemed to not be protected by trademark laws, anyone and everyone will be able to sell merchandise bearing the name and colors without the team having the ability to enforce its rights through legal action."

Not entirely true. They can still take action under common law, and it's not like there aren't a ton of counterfeit stuff out there now. I don't think it'll really be that big a problem even if they did lose the protection.

[oj]

[quote="riggofan"]No doubt this will be appealed, but this is an interesting wrinkle in the name controversy.

http://washington.cbslocal.com/2014/06/ ... w.facebook

[quote]LANHAM, Md. (CBSDC) — The United States Patent and Trademark Office canceled six federal trademarks held by the Washington Redskins involving the team’s name in a potentially landmark ruling issued Wednesday morning.

The cancellations are pending, according to the USPTO, and the Redskins are likely to appeal the decision.

The board wrote the following in its opinion: “We decide, based on the evidence properly before us, that these registrations must be cancelled because they were [b]disparaging to Native Americans at the respective times they were registered.”

This is an interesting turn of phrase. It implies that the term was disparaging back when they were initially registered. The fact that the name was chosen is proof enough that is was not a disparaging term - think about it. The name had to be chosen out of respect and admiration.
This ruling will get tossed.

[Chris Luva Luva]

IMO, the name change is gonna happen folks. Why is that my opinion? I believe that Snyder wants to move back into the city. And the only way they get back into DC is with a name change. As some recent articles have pointed out. With upcoming world cups and Olympic bids going on, a state-of-the-art domed stadium will be erected and Snyder will want in on that.

[riggofan]

This ruling from the USPTO will end up being overturned on appeal much like it was the last time. I could care less what congress has to say about the matter. Unless and until they pass a law banning the use of the name, all of this is puffery. I'll need to compare this ruling to the last USPTO ruling wherein the name was denied trademark protection, but if there isn't significant difference between the evidence used to substantiate this ruling as compared to the prior ruling, the appeal will turn out the same way.

Yeah please share if you do. I understand the ruling was overturned on some technicality the last time this happened. Apparently that issue was resolved, so I'd think there would have to be some new argument on appeal.

Its weird to me how quickly this has all heated up over the past year or so. It seems like there has always been some fringe amount of protest about the name for as long as I have been a fan, but I can't really remember ever thinking it had amounted to much. The current noise level about this is pretty wild.

[Chris Luva Luva]

Its weird to me how quickly this has all heated up over the past year or so. It seems like there has always been some fringe amount of protest about the name for as long as I have been a fan, but I can't really remember ever thinking it had amounted to much. The current noise level about this is pretty wild.

It's really not surprising at all. As I stated in my initial post, it has A LOT to do with Snyder and his mouth. Keim kinda details it below. What sucks is, it's becoming a distraction for the players.

Redskins' response: The one thing I’ve heard from a number of people is that the Redskins’ response has altered their stance on the issue. (I have heard this from fans and players. The latter group is sensitive to what’s going on.) There was an arrogance from the franchise from the get-go, starting with Snyder’s “in all caps” response. It hasn’t helped the cause one bit. In hindsight, the team needed to take a sensitive approach from the start, privately meeting with various tribes to have an earnest discussion. I know some of that took place long afterward, but the initial phrase haunts the team and is lumped in with other miscues along the way. Add it up and the casual fans or fence-sitters have been turned off. Some aspects have helped (Bruce Allen’s letter, for example), but the rest have been like pouring gasoline onto a fire. For what it’s worth, I don’t think branding Snyder as a racist works either. A lot can and has been said about the man over the years; that’s not a label I’d use. Supporting the team name does not make you a racist -- I know very good people from all walks of life who favor the nickname. I'd be awfully careful using that term. You can argue for the name change without branding people who support it.

That last sentence is your answer. Better PR and this thing would have died down like it always does. Snyder in efforts to appease the people who hate him the most, will end up making them hate him even more. The irony is amazing.

[Hooligan]

I'm steeling myself for the Washington Warriors to appeal to all the PC pantywaists.

American football is a violent, dirty, collision sport full of injuries, gambling, questionable character, and corruption. Lets nitpick a team's name! I hate people.

[hanburgerheel]

I'm steeling myself for the Washington Warriors to appeal to all the PC pantywaists.

American football is a violent, dirty, collision sport full of injuries, gambling, questionable character, and corruption. Lets nitpick a team's name! I hate people.

A-freaking-men!

[Kilmer72]

This whole thing just ticks me off. Here is an example of how our government decides what is pc and how they butt in.

A "Generic Government Term"
But objections to the term Native American also arose. The term struck many as dry and bureaucratic, in much the same way that some dislike the Census Bureau's use of Hispanic as an umbrella term to cover the whole of the U.S.'s diverse Spanish-speaking population. As the Bureau of Indian Affairs elaborates:

The term, 'Native American,' came into usage in the 1960s to denote the groups served by the Bureau of Indian Affairs: American Indians and Alaska Native (Indians, Eskimos and Aleuts of Alaska). Later the term also included Native Hawaiians and Pacific Islanders in some Federal programs. It, therefore, came into disfavor among some Indian groups. The preferred term is American Indian.
Answers to Frequently Asked Questions, from the Bureau of Indian Affairs

Russell Means, the Lakota activist and founder of the American Indian Movement (AIM), has strongly rejected Native American in favor of Indian:

I abhor the term Native American. It is a generic government term used to describe all the indigenous prisoners of the United States. These are the American Samoans, the Micronesians, the Aleuts, the original Hawaiians, and the erroneously termed Eskimos, who are actually Upiks and Inupiats. And, of course, the American Indian.

I prefer the term American Indian because I know its origins . . . As an added distinction the American Indian is the only ethnic group in the United States with the American before our ethnicity . . . We were enslaved as American Indians, we were colonized as American Indians, and we will gain our freedom as American Indians, and then we will call ourselves any damn thing we choose.

"I am an American Indian, Not a Native American!"
statement by Russell Means



Read more: American Indian versus Native American | Infoplease.com http://www.infoplease.com/spot/aihmterm ... z358MFqWcZ

http://www.infoplease.com/spot/aihmterms.html

Read this Riggofan...

http://www.anthropology.si.edu/goddard/redskin.pdf I would have cut and paste the top page and middle but it is a pdf and I couldn't do it. Another words there was and still is no evidence.

There is your technicality.

[DEHog]

Chris, sadly you are correct. The name is going to change, the list of reasons why is much longer than the reasons it shouldn’t. Advertisers will start pulling out, players will not sign with us, the commish and the other owners will start to pressure Snyder…the list goes on. For the life of me I don’t understand Snyder’s end game here? Does he think he’ll be beloved by winning a legal battled to keep the name? Sadly he really has no choice but to keep up the fight, he missed the opportunity to take the high road and change the name and challenge all other sports franchised that represent Native Americans to do the same. I really don’t care one way or another and as an old white guy I certainly don’t have the right to says what is or isn’t offensive to Native Americans…but neither does Dan Snyder or Harry Reid. That part bothers me, the government needs to step aside and allow this to play out within the confines of the NFL and its market. It will solve itself just like the Donald Sterling situation did. Also I do wonder…to those (non Native Americans) who feel or think the term is offensive, when did you come to that conclusion? Did you come to that conclusion on your own or when you were told it was offensive? I guess the one positive thing that could come out of this for Snyder is, as we saw in the Sterling case…things like this can drive the price of your franchise up. Sterling is getting a whopping 2 Bill for the Clippers…Snyder could easily get 3 if he sold the team, right? One could only wish!!