Watertown Daily Times | Judge orders cancellation of Washington Redskins

According to Ian Shapira of the Washington Post, USA District Judge Gerald Bruce Lee affirmed a previous ruling by the federal Trademark Trial and Appeal Board that determined the Redskins nickname could not be protected under the Lanham Act since it may be disparaging to some people. Washington had tried to overturn the appeal board’s original ruling by claiming their first amendment rights were being infringed, but Wednesday’s decision represents a significant setback for the National Football League franchise.

The ruling does not bar the team from using the Redskins name if it wishes. The team will have to illustrate that they have always used the logos, rather than relying on official, federal trademark registrations.

The Redskins are free to continue using the name while going through the appeals process in the federal court system.

So if some guy in Miami starts selling product with the Redskins trademark on it without the permission of the team, he should expect to receive a cease and desist letter from the team, and failing his agreement to stop, he could face a lawsuit. “This decision is a victory for human dignity and for my courageous clients who have waited so long for this ruling”, Jesse Witten, an attorney for the tribes, said in a statement.

Redskins owner Dan Snyder has vowed not to change the name and said the mascot honors Native Americans.

The tribunal’s decision put more pressure on the Washington club to change its name following decades of criticism by Native Americans, who say it is a slur. But Wednesday’s order is the first time that a federal judge ruled against the team and found that the name may be disparaging. The team noted that the worth of the Redskins increased exponentially from $741 million in 2000 to $2.4 billion by August 2014 while its brand management was estimated at $214 million.

“The Court finds that the federal trademark registration program is government speech under the Supreme Court’s decision in Walker”, said Lee.

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