This episode is about the recent cancellation of the Redskins trademarks, an interview with Elizabeth King about non-traditional trademarks as well as Facebook drones.

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IP FRIDAYS

 

Co-Presenters:

Rolf Claessen and Kenneth Suzan

 

Episode 5 – June 27, 2014

 

RC = Rolf Claessen

KS = Kenneth Suzan

EK = Elizabeth King, Partner at Conley Rose in Houston, TX

 

This is Elizabeth King of Conley Rose in Houston, TX and you are listening to IP Fridays.com.

 

KS: Hello and welcome to this episode of IP Fridays. Our names are Ken Suzan and Rolf Claessen and this is THE podcast dedicated to Intellectual Property. It does not matter where you are from, in-house or private practice, novice or expert, we will help you stay up-to-date with current topics in the fields of trademarks, patents, design and copyright, discover useful tools and much more.

 

RC: Thank you very much for tuning in to the 5th Episode of IP Fridays. We are very excited that we already have 1,000 downloads of MP3 files for our episodes. Thank you very much. We have exciting things to share today. We will hear about Facebook drones, we have an interview with Elizabeth King about nontraditional trademarks, and we will talk about the Redskins. We will talk about Redskins right now. Ken, can you tell us more about the Redskins?

 

KEN SUZAN’S DISCUSSION REGARDING THE WASHINGTON REDSKINS

 

KS: Rolf, the Washington Redskins began as a professional football team in the very early days of football, in the year 1932. The team registered its “Redskins” name as a trademark in the 1960s, and continues to use the name to this day on official team merchandise. However, many consider the name to be a derogatory and offensive reference to Native Americans. In spite of public backlash, the owner of the Redskins, Dan Snyder, has publicly stated his unwillingness to consider a change to the team’s name. NFL Commissioner Roger Goodell, himself a childhood Redskins fan, has backed Snyder’s decision.

 

The team has also faced resistance to its trademark rights in the Redskins name. Section 2(a) of the U.S. Trademark Act (15 U.S.C. § 1052(a)) disallows the registration of trademarks that “disparage . . . persons . . . institutions, or beliefs[,]” or “bring[s] them into contempt, or disrepute.” Believing the Redskins name to be disparaging, a group of Native Americans in 1992 sought cancellation of the Redskins trademark in front of the Trademark Trial and Appeal Board (TTAB), the body of the Patent and Trademark Office (PTO) that handles trademark registration and challenges to trademarks. After seven years of litigation, TTAB found the trademark to be disparaging under the Trademark Act and cancelled its registration. A drawn-out appeals process followed, in which the challengers were eventually found to have delayed too long in bringing suit against the Redskins trademark.

 

Now, a second, younger group of Native American challengers has come forward, and the TTAB has once again decided the Redskins trademark should be canceled due to the disparaging nature of the “Redskins” term. The 81-page majority opinion, issued by TTAB on June 18, relied upon expert opinions and resolutions by Native American tribes to find that not only has the term “Redskins” retained its meaning as a name for a Native American individual, but that the “Redskins” name is collectively found disparaging and offensive by a “substantial composite” of Native Americans. The TTAB found the laches (delay) defense earlier relied upon by the Redskins to be inapplicable.

 

The Redskins can still continue to enforce their trademark pending appeal of the TTAB decision, which will likely be a lengthy process; the appeal of ...