Nov 26, 2009

Washington Redskins won trademark dispute

The U.S. Supreme Court has ruled in favor of the Washington Redskins football team. The Redskins are allowed to keep the name and trademark.

An appeal by a group of American Indians was turned away. The group said the Washington Redskins’ nickname perpetuates racial stereotypes.

The justices let stand a lower court’s rejection of the group’s challenge to the National Football League team’s federal trademarks on its name.

The case had more symbolic importance than practical. A victory by the Indians in their challenge wouldn’t have forced the Redskins to change the nickname, though the team could have lost its exclusive rights.

Federal law bars trademarks that “may disparage” people. The issue in the appeal turned on a legal doctrine known as laches, which in some contexts bars lawsuits by people who weren’t vigilant in asserting their rights.

The Indians contend that laches doesn’t apply to efforts to cancel a federal trademark. A federal appeals court in Washington disagreed and threw out the lawsuit.

Other professional sports teams with Native American names
and imagery include the Cleveland Indians and Atlanta Braves baseball teams and the Kansas City Chiefs football team. College sports teams include the Florida State Seminoles and the University of North Dakota Fighting Sioux.

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