Federal judge orders cancellation of Redskins trademark registrationJuly 8, 2015 11:59 am ETBy Ryan Wilson | CBSSports.com
This isn't the first time the Redskins have had their trademark registration canceled. (USATSI)
A federal judge in Northern Virginia ordered the cancellation of the Washington Redskins federal trademark registrations on Wednesday, according to the Washington Post. The decision comes 12 months after the United States Patent and Trademark Office canceled the Redskins' trademark registration because it considered the team's name “disparaging to Native Americans."
More from the Post:
The cancellation doesn't go into effect until the Redskins have exhausted the appeals process in the federal court system. But even if the Redskins ultimately took the case to the Supreme Court and lost, the team can still use “Redskins” and seek trademark protections under state law. The team has argued, however, that a cancellation of its trademarks could taint its brand and remove legal benefits that would protect against copycat entrepreneurs.U.S. District Judge Gerald Bruce Lee's decision affirmed an earlier ruling last year by the federal Trademark Trial and Appeal Board, which voted 2-to-1 that "Redskins" was offensive to Native Americans and ineligible under the Lanham Act for status in the federal trademark registry.
“This is a huge victory," Jesse Witten, one of the attorneys for the Native Americans, told the Post. "Getting this ruling from a U.S. District judge is a watershed even. The team has been fighting this case so hard and leaving no stone unturned and scorching every square inch of earth that it's hard to imagine they will not appeal.”
A Redskins spokesperson told the Post that the team is reviewing the decision and considering its legal options.
In June 2014, shortly after Patent Office's decision to cancel the team's trademark registration, Redskins trademark attorney, Bob Raskopf, issued this statement: “We've seen this story before. And just like last time, today's ruling will have no effect at all on the team's ownership of and right to use the Redskins name and logo. We are confident we will prevail once again, and that the Trademark Trial and Appeal Board's divided ruling will be overturned on appeal."
There's still a chance that could happen (it happened 16 years ago when a judge ruled in favor of the Redskins), but what are the implications for the team if the ruling is upheld?
As USAToday.com explained last year: "The effect would be large because federally registered trademarks keep others from selling items with the team's logos, although even then the team could try to keep unauthorized merchandisers from using the marks through common law and state statues."
Well we knew it would come to this. So now what, are all of these team nicknames next on the hit list as people finding them offensive?
Washington Huskies (fat people)
New Jersey Devils (saints)
New Orleans Saints (devil worshippers)
Ottawa Senators (pretty much everybody)
San Francisco 49ers (69ers)
