Editorial: Racial slurs don't deserve trademark protection in US

On the heels of the decision in Blackhorse v. Pro Football Inc, The New York Times calls on the Washington NFL to stop using a racial slur against Native people:
Mr. Snyder and his lawyers are confident that they can have the board’s ruling overturned. The appeal board issued a similar ruling against the team in 1999, but the United States Court of Appeals for the District of Columbia Circuit ultimately threw out that decision on the grounds that the plaintiffs in that case had waited too long past the age of majority to file their case; the Supreme Court declined to review that decision in 2009. But the appeals court never ruled on the issue of whether the trademarks were disparaging. That’s why this current case, which involves younger plaintiffs, might have a better shot at succeeding.

During the appeal, the Washington team’s trademarks will continue to be protected under federal law. But if the team ultimately loses, other businesses will be free to produce and sell merchandise bearing the team’s name and logos. The team could still try to enforce its trademarks by invoking its common law rights, but that could be a difficult legal process.

There is little anybody can do legally to force Mr. Snyder and National Football League to change the team name. But they should realize that even if they successfully challenge the trademark board’s decision, using a term that so clearly offends so many people undermines the value of the team and the league.

Get the Story:
Editorial: Slurs Don’t Deserve Trademark Protection (The New York Times 6/19)

More Opinions:
Editorial: Trademark decision against the Redskins is a victory for tolerance (The Washington Post 6/19)
Robert McCartney: Board rules for dictionary over Redskins’ feeble attempts to defend team name (The Washington Post 6/19)
Sally Jenkins: The team and NFL should change the Redskins name, not the federal government (The Washington Post 6/19)
Editorial: Time to retire Redskins, other Native American nicknames (The Newark Star-Ledger 6/19)
Editorial: What's wrong with the Redskins decision (The Chicago Tribune 6/19)
Trademark decision is more handwriting on the wall for Washington's NFL team (The Syracuse Post-Standard 6/19)
What’s in a name? Oh, the possibilities (The Wilkes-Barre Citizens Voice 6/19)
Editorial: Feds fumble on Redskins (The Amarillo Globe-News 6/19)
Editorial and poll: Clock is ticking before 'Redskins' are no more (The Springfield Republican 6/19)
Shad Powers: Redskins flap needs to end soon (The Palm Springs Desert Sun 6/19)
Sean Gregory: It’s Time for the Redskins to Change Their Name — or Be Buffoons (Time 6/18)
Dave Nichols: OPINION: Time for Washington Redskins to change name (District Sports Page 6/18)

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