indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Peter d'Errico: Challenge to racist trademarks shows potential

Filed Under: Opinion | Sports
More on: hate crimes, mascots, peter d'errico, racism, redskins, trademarks
     

Peter d'Errico discusses the potential for Blackhorse v. Pro Football Inc trademark challenge to address the Washington professional football team's racist mascot:
Free speech protection does not solve the problems facing the team owner, as demonstrated by a different effort to persuade the U.S. Trademark office to revoke the trademarked status of "Washington Redskins." The group behind the effort cites the U.S. law that prohibits trademarks that involve disparaging, scandalous, contemptuous or disreputable names. Revocation would undermine the team's marketing program for sports apparel and memorabilia.

The trademark challenge shows serious potential. On March 17, 2014, the Patent and Trademark Office officially refused to register the trademark "Washington Redskin Potatoes," on the ground that "the applied-for mark includes matter which may disparage or bring into contempt or disrepute persons, institutions, beliefs, or national symbols." That denial has implications for revoking trademark protection for the team name.

Denial of a trademark is not the same as prohibiting a name, and it does not eliminate the free speech issue; but it does damage the commercial potential for sales of a product. It removes the easiest method of protecting a brand against competition. In other words, denial of a trademark affects a company's bottom line. Thus, the proponents of trademark revocation are deploying an economic as well as a legal approach.

Get the Story:
Peter d’Errico: Is the Use of 'Redskins' a Hate Crime? (Indian Country Today 5/10)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Black Hills concert draws attention to treaties (9/4)
Lakota Country Times: Oglala Sioux Tribe approves FEMA contract (9/4)
Mark Trahant: Telling the story about tribal sovereignty in Alaska (9/4)
James Giago Davies: Imagining life for the Lakota with British rule (9/4)
Robert DesRosier: First responder network needs input from tribes (9/4)
Julianne Jennings: Strong reaction to campaign for Justice or Else (9/4)
Travel: Every member of Havasupai Tribe speaks their language (9/4)
Alabama won't appeal decision in Poarch Creek gaming lawsuit (9/4)
Sycuan Band enters new Class III gaming compact in California (9/4)
Chukchansi Tribe revamping casino in anticipation of reopening (9/4)
President of Alaska Native village highlights threat to community (9/3)
President Barack Obama offers thoughts on historic trip to Alaska (9/3)
President Obama enjoys unique welcome in Alaska Native village (9/3)
Transcript: President Obama speaks in Native village of Kotzebue (9/3)
Democrats slam GOP candidate for comments about assimilation (9/3)
Poarch Creeks secure major ruling in gaming dispute in Alabama (9/3)
Native Sun News: City faces possible suit from Lakota 57 parents (9/3)
Lakota Country Times: Sinte Gleska University to expand campus (9/3)
Tim Giago: Republicans show hypocrisy on the 14th Amendment (9/3)
Ivan Star: 'English education' obliterated culture and language (9/3)
Gyasi Ross: Obama's checkered record on Native environment (9/3)
Opinion: Indian Child Welfare Act doesn't help Indian children (9/3)
Appeal planned in Grand Ronde Tribes disenrollment dispute (9/3)
Blackfeet Nation states opposition to drilling on sacred land (9/3)
Father of Native woman who died in jail cell considers lawsuit (9/3)
Oglala Sioux Tribe set to open $16.5M nursing home next year (9/3)
Donald Trump's campaign manager linked to Abramoff scandal (9/3)
Navajo Nation plans big development next to casino in Arizona (9/3)
Graton Rancheria breaks ground on $175M expansion at casino (9/3)
United Auburn Indian Community compact gains quick approval (9/3)
New Mexico tribes weren't involved in off-reservation casino bid (9/3)
Parents of Lakota 57 respond to not guilty verdict in Rapid City (9/2)
Grand Ronde Tribes to disenroll 86 descendants of treaty signer (9/2)
Lakota Country Times: New food bank on Pine Ridge Reservation (9/2)
Mark Trahant: FCC invents new law for tribal lands in Oklahoma (9/2)
Native Sun News Editorial: Republican attacks on Hillary Clinton (9/2)
Vi Waln: Rosebud Sioux Tribe needs to establish 'virtual' school (9/2)
Steven Newcomb: The religious basis of Doctrine of Discovery (9/2)
Frank Bibeau: Ojibwe people assert treaty rights in Minnesota (9/2)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.