USPTO Cancels Washington Redskin Trademark Registrations

On June 18, 2014, the US Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) issued a decision that cancels 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. The Washington Redskins organization has announced the TTAB’s decision will be appealed and that the cancellations will remain pending until the appeal is decided. In 1999, the TTAB issued a similar decision that cancelled the same trademark registrations. However, the Washington Redskins organization successfully appealed the decision to the US District Court for the District of Columbia, which found that there was not sufficient evidence that the registrations were disparaging and that the plaintiffs were barred from bringing their claim under the doctrine of laches. In the recent proceeding, the TTAB considered the appellate decision from the US District Court for the District of Columbia, but nonetheless ruled in favour of the plaintiffs. The TTAB held that the registrations were disparaging based on the evidence put forth. In addition, the TTAB decided that the laches defence fails, as the plaintiffs were all young adults at the time that they initiated the cancellation proceedings. The Washington Redskins have faced increasing criticism over the name in recent years. In fact, on May 21, 50 US Senators sent a letter to the National Football League to formally request that the Redskins name be changed. However, Dan Snyder, the team’s owner, has been adamant that the team will not change its name. It will be interesting to see whether changing public opinion has any influence on the decision to continue to use the Redskins name. For a link to the USPTO decision, click here. Summary by: Adam Lis