Business and Tax Lawyer Blog

Native American activists have long tried to contest the federal trademark status awarded to the Washington Redskins NFL football team. The history of the case is this: in 1999 the Trademark Trial and Appeal Board ruled that the name “Redskins” which is considered a derogatory term for Native Americans, was too offensive to trademark. Subsequent lower court and federal court rulings overturned that decision, granting the trademark. The Supreme Court decision not to hear the case effectively upholds the decision of the federal court allowing the trademark.

The law governing trademarks, known as the Lanham Act, does not allow trademarks that “may disparage … persons, living or dead … or bring them into contempt, or disrepute” to be registered. The decisions in this case, however, were based on the fact that the plaintiffs did not file their suit within the time allowed. The new case would have asked the Supreme Court to allow disparaging trademarks to be revoked without a time limit.

The Washington Redskins football team has always held that the term is not meant as an offense. However, the National Congress of American Indians (NCAI) has described the name as “patently offensive, disparaging, and demeaning and perpetrates a centuries-old stereotype,” adding that the term comes from a time when Native American body parts, especially scalps, were bought and sold as novelty items by European settlers.

Several sports teams across the US have dropped names or mascots that might be considered derogatory by Native Americans. Florida State University, along with several other universities and a few professional teams like the Atlanta Braves and Cleveland Indian baseball teams, have refused to change their team names to drop references to Native Americans. You can read more about this case at Supreme Court Fumbles Native American Mascot Challenge.

If you have a question about a trademark issue for your business, please contact Wood, Atter & Wolf, P.A. for legal counsel.