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Old 06-21-2014   #257
CloakNNNdagger
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Default Re: Should the Redskins change their name?

Quote:
why redskins decision is wrong

by marc randazza
2:36 pm edt, sat june 21, 2014

(cnn) -- the washington redskins find themselves under (deserved) fire for their name, which many native americans and others find to be a racial slur. Previously the target of protests and opprobrium, the redskins have now lost their federal trademark registration for the name, as it was deemed too disparaging to remain protected. There are two issue to consider here: One is technical and the other is one we should all find troubling.

The first: This case was about a trademark, and the primary purpose of trademark law is to protect the public so that the public can accurately know the source or origin of goods and services. But headlines that say the redskins lost their trademark are inaccurate.

All they lost was their trademark registration, not the right to use the racist term to identify their team -- and that is a key point. In the united states, trademark rights flow from an organization using the trademark; technically, you don't need to register a trademark in order to have trademark rights. (in other countries, you need a registration).

With its common law rights intact, the team is free to continue to call itself the "redskins." moreover, it can still sue you for selling counterfeit washington redskins gear, and it can still block someone from starting a washington redskins dodgeball team. The washington redskins still have trademark rights, and strong rights at that.

If the team owners still have rights in the trademark, why is losing the registration a big deal? What does a registration give you? It gives you a few statutory presumptions in the event that you go to court over enforcement of your trademark. It gives a presumption of ownership and validity. In simple terms, the cancellation only means that if there is a trademark infringement lawsuit, the washington redskins team is going to have to pay a bit more in attorneys' fees to win its case.

Opinion: Is end near for redskins? It's about time

but nobody can seriously argue that dan snyder's football team is not the owner of the still-intact trademark rights, nor that the public associates his team with the racist name.

The second issue: There is something even more offensive than the team's name: The fact that this case happened at all. The decision, i believe, has first amendment implications that we shouldn't ignore.
the rest of the story

Last edited by CloakNNNdagger; 06-22-2014 at 09:17 AM.
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