Judge orders cancellation of Redskins trademark registration

The Washington Redskins say they will appeal a decision from a federal judge, who has ordered the cancellation of the team’s trademark registration.

The order from Judge Gerald Bruce Lee affirms an earlier finding by an administrative appeals board.

“Even without federal registrations, the Redskins still have common-law trademark protection but are not afforded all the protections of federal law that include the potential to recover actual damages, punitive damages, attorney fees and injunctions.”

While the cancellation is not absolute until the team has exhausted the entire appeals process, it represents another significant setback for the organization’s fight to keep the name. Last year, the appeal board declared in a 2-to-1 vote that the team’s moniker is offensive to Native Americans and therefore ineligible under the Lanham Act for status in the federal trademark registry.

Jude Lee’s ruling upholds a decision made previous year by the US Patent and Trademark Office, which called the trademarks “disparaging” and cancelled them. “Now, Dan Snyder and the National Football League must face the fact that the R-word is hurtful and wrong, and that it’s time to do the right thing and change the name”. The ruling doesn’t prohibit the Redskins from using the name, but it doesn’t protect their ability to maintain exclusive rights to the likeness of their logo and the name and activists are hoping that it helps spur a decision to change the name.

A team spokesperson told the Washington Post said the club is reading the decision and considering its legal options. He found that the six trademarks at issue “consisted of matter that “may disparage” a substantial composite of Native Americans”. Though the team has maintained that the name honors Native Americans, Lee said there is ample evidence that the name can be perceived as disparaging.

The group of activists argued the name and logo was offensive to Native Americans.