Recently, the Supreme Court rejected an appeal from the NFL’s Washington Redskins to reverse a ruling that canceled the team’s trademarks. According to Yahoo Sports, the U.S. Patent and Trademark Office ruled the Redskins’ registered trademark images were to be canceled because they violated Section 2(a) of the Lanham Trademark Act of 1946 which states that the trademark may “disparage persons or bring them into contempt or disrepute.”
Specifically, the law is intended to ban registered trademarks deemed offensive – in this case, the Redskins logo disparages Native Americans. The appeal was particularly interesting because the NFL team requested the Supreme Court hear the case prior to a federal appeals court’s decision.
Meanwhile, the Supreme Court recently announced it will hear a similar case involving The Slants, an Asian American band that was denied trademark due to the offensive nature of its name. Sports Illustrated reported this decision by the Court prompted the Redskins to appeal to the high court to hear both cases together. If the Court were to rule in favor of The Slants, and conclude that there was a violation of the band’s First Amendment rights by the law, it would also be a win for the Redskins’ case.
The Redskins’ case is similar to The Slants
The recent background of the case comes from the fact that in 2015, a federal judge upheld the U.S. Patent and Trademark Office’s 2014 decision against the Redskins. Yahoo Sports noted this led the Redskins to form alliances with various free speech activist groups, one of which included The Slants.
As an Asian American band led by Simon Tam, the group wants to trademark the use of “slants”, which is a slang term for Asians. So far, Tam has been successful in his appeals as he won a decision by the U.S. Court of Appeals for the Federal Circuit that ruled banning attempts to trademark “slants” was in direct violation of First Amendment rights. At which point, the U.S. Patent and Trademark Office requested the Supreme Court hear the case.
In short, if the Supreme Court upholds the federal appeals court’s decision for The Slants, it will cancel out the U.S. Patent and Trademark Office’s previous decision on the Redskins.
The potential ramifications of losing its brand
The team is particularly adamant about this case due to the potential financial ramifications. Bloomberg BNA found that if the Redskins lost rights to their brand, it could cost the team upwards of $200 million. Currently, the Redskins rank as the fifth most profitable brand in the NFL among 32 teams at $2.95 billion. However, only $214 million of that value stems from the brand, which could mean that the team would effectively take a substantial hit to its brand revenue without the Redskins name.
Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Anthony Caruso, at 201-806-3364.
Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know
In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]
Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
