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Trademark Lawsuits, Rather Than Public Opinion, May Affect Washington Redskins' Name Change
Author: Scarinci Hollenbeck, LLC
Date: October 18, 2013
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The ongoing controversy surrounding the Washington Redskins, and petitions to change the team’s name, continues to fuel public opinion.
While Oneida Indian Nation has claimed the name is degrading and racist, sports law analysts argue that it will likely be quiet trademark lawsuits that affect whether the team chooses to change its name.
Daniel Snyder, who purchased the Redskins in 1999, has noted that he will never change the team’s name.
“That tradition – the song, the cheer – it mattered so much to me as a child, and I know it matters to every other Redskins fan in the D.C. area and across the nation,” said Snyder, according to New York Daily News. “Our past isn’t just where we came from – it’s who we are.”
However, during that year, a suit filed by a Native American tribe prompted the Trademark Trial and Appeal Board to cancel six trademark registrations held by the Redskins, essentially eliminating any benefits of owning these trademarks, Forbes explained.
While the suit was eventually overturned and the trademarks restored, a similar case – Blackhorse v. Pro-Football – is currently being deliberated by the Trademark Trial and Appeal Board. The suit alleges similar claims of racism regarding the team’s name and urges the board to cancel its trademarks as a result. The potential monetary loss that could result if the team’s trademarks are indeed canceled may be costly enough to push Snyder into changing the Redskins name, the analysis suggests. However, Snyder himself has not weighed on how the outcome of the case will impact his decision.
Additionally, legal teams attempting to prove that the Redskins name is, in fact, disparaging and carries racist undertones may be somewhat challenging, especially without widespread support from other Native American tribes. A representative for the team recently cited a 2004 study from the Annenberg Institute, which found that 9 out of 10 Native Americans polled were not bothered by the name “Washington Redskins,” according to NBC Sports.
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