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Patent Office Cancels Redskins Trademark

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Seattile
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Postby Seattile » Thu Jun 19, 2014 8:48 am

Geilinor wrote:
Seattile wrote:I think the United States is a strange place. The government allows the free speech of Neo Nazis and other hate groups. These very same people are protected by the same laws, would be more then happy to get rid of these laws so other people can suffer. The USA is one of the few "1st world" countries where Neo-Nazism is allowed. But they don't like a sports team having the name "Redskins".

What makes you think the government would let you trademark the Nazi swastika?


Where did I say I want to trade mark the swastika? I just think its a bit of a double standard if the government allows Nazi groups to practice hate speech and the like. But tries to stop a college team from having the name "Redskins".
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Geilinor
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Postby Geilinor » Thu Jun 19, 2014 8:49 am

Seattile wrote:
Geilinor wrote:What makes you think the government would let you trademark the Nazi swastika?

But tries to stop a college team from having the name "Redskins".

They can still use the name. And the Redskins are an NFL team.
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Seattile
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Postby Seattile » Thu Jun 19, 2014 8:50 am

Geilinor wrote:
Seattile wrote: But tries to stop a college team from having the name "Redskins".

They can still use the name. And the Redskins are an NFL team.

My bad, tells you how much I watch pro sports. Not a lot.
Last edited by Seattile on Thu Jun 19, 2014 8:59 am, edited 3 times in total.
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Postby Farnhamia » Thu Jun 19, 2014 8:51 am

Geilinor wrote:
Seattile wrote: But tries to stop a college team from having the name "Redskins".

They can still use the name. And the Redskins are an NFL team.

I found it interesting that by removing the trademark, the Patent Office has arranged for there to be more Redskins paraphernalia, not less, since now everyone can use it. And lawyers were seen dancing in the streets over the prospect of all the litigation that will come from everyone using the logo. Okay, maybe not everyone, but you know ...
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Postby MERIZoC » Thu Jun 19, 2014 9:16 am

Seattile wrote:
Geilinor wrote:What makes you think the government would let you trademark the Nazi swastika?


Where did I say I want to trade mark the swastika? I just think its a bit of a double standard if the government allows Nazi groups to practice hate speech and the like. But tries to stop a college team from having the name "Redskins".

Pretty sure if an NFL team called themselves the Nazi's, people would be angry about that too.

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Geilinor
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Postby Geilinor » Thu Jun 19, 2014 9:19 am

Farnhamia wrote:
Geilinor wrote:They can still use the name. And the Redskins are an NFL team.

I found it interesting that by removing the trademark, the Patent Office has arranged for there to be more Redskins paraphernalia, not less, since now everyone can use it. And lawyers were seen dancing in the streets over the prospect of all the litigation that will come from everyone using the logo. Okay, maybe not everyone, but you know ...

The value of the Redskins brand will go down, making it more difficult for them to profit from the name. But the only way the name will actually change is if the team's fans put more pressure on it.
Last edited by Geilinor on Thu Jun 19, 2014 9:20 am, edited 1 time in total.
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Postby MERIZoC » Thu Jun 19, 2014 9:20 am

Geilinor wrote:
Farnhamia wrote:I found it interesting that by removing the trademark, the Patent Office has arranged for there to be more Redskins paraphernalia, not less, since now everyone can use it. And lawyers were seen dancing in the streets over the prospect of all the litigation that will come from everyone using the logo. Okay, maybe not everyone, but you know ...

The value of the Redskins brand will go down, making it more difficult for them to profit from the name.

Not to mention all the fun satire that'll come out of it.

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Murkwood
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Postby Murkwood » Thu Jun 19, 2014 9:23 am

This is just the Obama admin overreaching yet again. This isn't what the patent office should be doing.
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Northwest Slobovia
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Postby Northwest Slobovia » Thu Jun 19, 2014 9:26 am

Geilinor wrote:
Farnhamia wrote:I found it interesting that by removing the trademark, the Patent Office has arranged for there to be more Redskins paraphernalia, not less, since now everyone can use it. And lawyers were seen dancing in the streets over the prospect of all the litigation that will come from everyone using the logo. Okay, maybe not everyone, but you know ...

The value of the Redskins brand will go down, making it more difficult for them to profit from the name.

Only if they lose the appeal, and then only by a little bit, since the indian-head logo isn't affected.

Geilinor wrote:But the only way the name will actually change is if the team's fans put more pressure on it.

...which I think is about as likely as the Chicago Cubs winning the World Series this year.
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Multifarity
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Postby Multifarity » Thu Jun 19, 2014 9:28 am

Change your logo and mascot to a fox. Keep the name.
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MERIZoC
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Postby MERIZoC » Thu Jun 19, 2014 9:30 am

Murkwood wrote:This is just the Obama admin overreaching yet again. This isn't what the patent office should be doing.

:palm: …..Obama doesn't make this decision.

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Postby Northwest Slobovia » Thu Jun 19, 2014 9:32 am

Murkwood wrote:This is just the Obama admin overreaching yet again. This isn't what the patent office should be doing.

Apparently, they should. As the OP's article indicates, "no disparaging stuff" is the law.

If, by some act of colossal stupidity, the administration had put pressure on the trademark board, all legal-political hell would break loose. The USPTO would be accused of arbitrary and capricious enforcement, a lot of people in the USPTO would lose their jobs for serving the president and not the law, and the House Republicans would have a field day. It would be a credibility disaster for the USPTO and the White House staff. The administration is not that stupid, especially not with the mid-terms coming up.
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Postby Ifreann » Thu Jun 19, 2014 9:36 am

Murkwood wrote:This is just the Obama admin overreaching yet again. This isn't what the patent office should be doing.

The patent office shouldn't be hearing petitions to cancel a trademark because it is disparaging to Native Americans, even though trademarks that disparage or belittle other groups are not permitted under federal law? Do please explain.
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Postby Ifreann » Thu Jun 19, 2014 9:37 am

Multifarity wrote:Change your logo and mascot to a fox. Keep the name.

Foxes have red skin?
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Multifarity
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Postby Multifarity » Thu Jun 19, 2014 9:39 am

Ifreann wrote:
Multifarity wrote:Change your logo and mascot to a fox. Keep the name.

Foxes have red skin?
If you had a fox-pelt you could describe it as a 'skin' couldn't you?
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Postby Ifreann » Thu Jun 19, 2014 9:44 am

Multifarity wrote:
Ifreann wrote:Foxes have red skin?
If you had a fox-pelt you could describe it as a 'skin' couldn't you?

Which doesn't mean that foxes have red skin, or are redskins.
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Multifarity
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Postby Multifarity » Thu Jun 19, 2014 9:47 am

Ifreann wrote:
Multifarity wrote:If you had a fox-pelt you could describe it as a 'skin' couldn't you?

Which doesn't mean that foxes have red skin, or are redskins.
Native Americans don't have red skin either, so sure It's a bit of a stretch but I'm thinking outside the box here!
Last edited by Multifarity on Thu Jun 19, 2014 9:47 am, edited 1 time in total.
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Farnhamia
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Postby Farnhamia » Thu Jun 19, 2014 9:48 am

Geilinor wrote:
Farnhamia wrote:I found it interesting that by removing the trademark, the Patent Office has arranged for there to be more Redskins paraphernalia, not less, since now everyone can use it. And lawyers were seen dancing in the streets over the prospect of all the litigation that will come from everyone using the logo. Okay, maybe not everyone, but you know ...

The value of the Redskins brand will go down, making it more difficult for them to profit from the name. But the only way the name will actually change is if the team's fans put more pressure on it.

Yes, well, as Forbes says, "The Redskins have been a money-making machine since Dan Snyder bought the team in 1999. Last season the team generated revenue and operating income of $352 million and $66 million, both second in the NFL to the Cowboys." Even if they take a 15% hit on that $352 million revenue they'll still be at $300 million. You're right, though, only the fans can make this happen by shunning the team and I'm not at all optimistic about that.
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Farnhamia
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Postby Farnhamia » Thu Jun 19, 2014 9:49 am

Ifreann wrote:
Multifarity wrote:If you had a fox-pelt you could describe it as a 'skin' couldn't you?

Which doesn't mean that foxes have red skin, or are redskins.

No, but "pelt" = "skin" in the fur trade, so it's not that much of a stretch.
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Postby Norstal » Thu Jun 19, 2014 9:49 am

Multifarity wrote:
Ifreann wrote:Which doesn't mean that foxes have red skin, or are redskins.
Native Americans don't have red skin either, so sure It's a bit of a stretch but I'm thinking outside the box here!

I don't remember the last time foxes were called redskins.
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Farnhamia
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Postby Farnhamia » Thu Jun 19, 2014 9:53 am

Norstal wrote:
Multifarity wrote:Native Americans don't have red skin either, so sure It's a bit of a stretch but I'm thinking outside the box here!

I don't remember the last time foxes were called redskins.

Oh, sure you do, it was right after ... no, that was something else ... oh, right, there was that time when ... no, that was some other guy. I think ... who are you? *summons Guards*

It's an odd idea, really, and I doubt anyone would be fooled by it.
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And Jesus was a sailor when he walked upon the water ...
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Ifreann
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Postby Ifreann » Thu Jun 19, 2014 9:55 am

Multifarity wrote:
Ifreann wrote:Which doesn't mean that foxes have red skin, or are redskins.
Native Americans don't have red skin either, so sure It's a bit of a stretch but I'm thinking outside the box here!

You may be thinking a bit too far outside the box. The simplest solution is for them to pick a new name that doesn't disparage or belittle anyone, or otherwise run afoul of federal trademark law.
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Northwest Slobovia
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Postby Northwest Slobovia » Thu Jun 19, 2014 9:57 am

Ifreann wrote:
Multifarity wrote:Native Americans don't have red skin either, so sure It's a bit of a stretch but I'm thinking outside the box here!

You may be thinking a bit too far outside the box. The simplest solution is for them to pick a new name that doesn't disparage or belittle anyone, or otherwise run afoul of federal trademark law. use their previously successful legal defense, and point out that the statute of limitations long since expired on this matter.

Fixed that for ya', based on what the 'skins' lawyer said (posted upthread).
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Geilinor
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Postby Geilinor » Thu Jun 19, 2014 9:59 am

Northwest Slobovia wrote:
Ifreann wrote:You may be thinking a bit too far outside the box. The simplest solution is for them to pick a new name that doesn't disparage or belittle anyone, or otherwise run afoul of federal trademark law. use their previously successful legal defense, and point out that the statute of limitations long since expired on this matter.

Fixed that for ya', based on what the 'skins' lawyer said (posted upthread).

The only way the Redskins could win the appeal would be to show that "redskin" isn't disparaging.
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Northwest Slobovia
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Postby Northwest Slobovia » Thu Jun 19, 2014 10:19 am

Geilinor wrote:
Northwest Slobovia wrote:Fixed that for ya', based on what the 'skins' lawyer said (posted upthread).

The only way the Redskins could win the appeal would be to show that "redskin" isn't disparaging.

*sigh*

Northwest Slobovia wrote:Some information from Reuters (heavily elided) [now more heavily elided]:
Reuters wrote:Bob Raskopf, a trademark attorney for the Redskins, said the club would appeal the ruling to federal court. He said the case was the same as one in which the tribunal canceled the Redskins' trademarks in 1999.

A court overturned that decision on appeal, saying the petitioners had waited too long to assert their rights after the first Redskins' trademark was issued in 1967.

So, they apparently don't have to appeal on merits, but statute of limitations. If they do in fact have a previous identical decision to point to, the case is over and they win.
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