On July 8, 2015, the US District Court for the Eastern District of Virginia (District Court) affirmed the US Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) decision cancelling six trademark registrations held by Pro Football, Inc, which carries on business as the Washington Redskins football team. 

The cancellation proceeding was brought by a group of Native Americans. The TTAB ruled that the registrations were disparaging to Native Americans and therefore violated Section 2(a) of the US Trademark Act of 1946, which permits refusal of registration of a mark that “consists of or comprises matter which may disparage persons or bring them into contempt, or disrepute”.

The District Court noted that the issue in the case related to registrability of the trademarks, not use of the trademarks.  Although the trademark registrations are to be cancelled, the Washington Redskins football team is still able to use the trademarks.

The Washington Redskins organization has indicated that it will appeal.

For the decision in Pro-Football, Inc. v. Blackhorse et al., Civil No. 1:14cv1043, see:

http://coop.vaed.uscourts.gov/114cv1043/Document_161.pdf

E-TIPS® ISSUE

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