The Redskins franchise has, for some time, been embroiled in a two-pronged battle to defend its name, both legally and in the public eye. The term “redskin” has been deemed offensive to Native Americans by many, even though the Washington football team has explained that the name is meant to honor Native Americans, rather than disparage them. Regardless of the Redskins’ insistence that the team’s name represents a positive portrayal of Native Americans, backlash against it has persisted and the organization hasn’t fared much better in courtrooms.
On July, 8, 2015, a federal judge ruled to cancel the team’s trademark registration, because the Redskins name was deemed offensive to Native Americans. The legal reasoning for the cancelation all goes back to the Lanham Act, which is the main federal trademark statute of law in the United States. The section of the Lanham Act pertaining to trademark registration cancelations and rejections, §1052, was used in the attempt to cancel the Redskins trademark.
What the Lanham Act has to say about disparaging trademarks
This section of the act notes that any trademark that “comprises immoral, deceptive, or scandalous matter” or “may disparage” certain individuals may be refused registration. This isn’t the only reason a trademark may be rejected, but it was good enough to lead a judge to cancel the Redskins’ trademark. The Washington football team is one of a number of sports organizations whose names reference Native Americans, and it remains to be seen whether “redskin” is the only one of those words deemed disparaging by the court.
It also isn’t the only reason a trademark registration may be refused. Sports teams’ and other organizations’ trademark registrations may be refused for a number of reasons. For example, if they contain the flag, coat of arms or any other insignia of the U.S., if they include the “name, portrait or signature” of any living person without his or her consent and if they consist of, or contain a mark that has already been registered.
What Business Owners Get Wrong Before Meeting a Litigation Attorney
What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract
Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Can You Own Part of a New Jersey Business Without a Written Agreement?
Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One
For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Monmouth County's Next Development Wave: What Developers and Investors Need to Know
Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Are Your Conversations with AI Shielded from Discovery? Courts Are Split
Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
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!
