The Lawletter Vol. 41, No. 2
There has been considerable dispute about the propriety of the continuing use of the mark and name REDSKINS by the Washington NFL franchise. It is claimed by some that the word "redskin" is considered offensive by aboriginal Americans and others. Pro-Football, Inc. v. Blackhorse, 62 F. Supp. 3d 498, 113 U.S.P.Q.2d (BNA) 1749 (E.D. Va. 2014). While that case is on appeal, the Federal Circuit, which hears the bulk of trademark cases, has rendered a decision that could place in doubt whether the cancellation of the REDSKINS trademark by the Trademark Trial and Appeal Board (the "TTAB") can be sustained. See Blackhorse v. Pro-Football, Inc., 111 U.S.P.Q.2d (BNA) 1080 (T.T.A.B. 2014) (Cancellation No. 92046185).
Section 2(a) of the Lanham Trademark Act, 15 U.S.C. § 1052(a), prohibits registration of a trademark that "[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute." In re Tam, No. 2014-1203, 2015 WL 9287035 (Fed. Cir. Dec. 22, 2015), involved the attempted registration by the representative of an Asian-American rock/dance band of its trademark THE SLANTS. The applicant for the mark is himself Asian-American, but the examiner nonetheless refused registration on the basis that the mark was likely disparaging to "persons of Asian descent" within the meaning of section 2(a). The TTAB agreed and sustained the refusal to register the mark.Read More