Washington Redskins’ Trademark Cancelled in USA

 In Infringement, Intellectual Property, News, The Trademark Thermometer, Trademark, Trademark law, Trademark name search, U.S. Trademark Office

Last week a federal judge ruled to cancel the Washington Redskins’ trademark registration, ruling that the name may be disparaging to Native Americans.

The Washington NFL team did loose in court last Wednesday when a federal judge ordered the U.S. Patent and Trademark Office to schedule cancellation of six federal trademark registrations owned by the Redskins, ruling that the team’s name — ”Redskins” — was disparaging to a substantial composite of Native Americans when the marks were originally granted.

First of all, the legal battle is not over until all appeals are exhausted and the NFL franchise has already indicated that an appeal is forthcoming.  Second of all, loss of a federal trademark registration with the U.S. Patent and Trademark Office (USPTO) only vitiates certain sometimes valuable rights, but does not preclude the Washington Redskins from being the Washington Redskins.

Even if the team were to lose all appeals, it could continue to enforce its trademarks in state courts and under common law. At worst, the Redskins simply will be unable to seek damages from trademark infringement from unauthorized merchandisers and will have a much more difficult time enforcing copycat merchandise using its name and imagery from being sold.

To be continued

To name your brand in a correct way is extremely important today. Handle the naming process in a secure way is necessary to avoid problems during the way. Check out our flow chart: The Trademark Thermometer to see how Otmore can help your business with the correct proactive steps.

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