Tuesday, September 15, 2009

Washington Redskins trademark to be looked at by Supreme Court after "defamation" complaint by some native Americans


Members of several federally recognized native American tribes will be able to take their case to the Supreme Court, complaining that the Washington Redskins football team name and trademark is “defamatory.” The Bloomberg story is here. We still have to find out if the Court will really take cert on the case.

Last week we reported another case here where a domain name was considered defamatory and an abuse of another trademark.

The USPTO had revoked the trademark in 1999, but subsequently the NFL won court appeals. The NFL (like MLB) is extremely vigorous in defending all its trademarks.

Other problems could occur, as with the Cleveland Indians in baseball, if the NFL loses.

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