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redskinsfan
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Federal judge orders cancellation of Redskins trademark registrations - The Washington Post
United States District Court Judge Gerald Bruce Lee today upheld a ruling by the Trademark Trial and Appeal Board, which found that the name REDSKINS is disparaging. Despite the ruling, there should be little to celebrate for those on the 'winning' side. First, the decision doesn't take effect until the REDSKINS exhaust all their rights to seek review of the decision, one of which will be an appeal to the Fourth Circuit Court of Appeals. That court is considered the most conservative appeals court in the nation. Second, the decision technically doesn't strip the REDSKINS of their trademarks themselves. Instead, it simply cancels their registrations with the TTAB. That means the Redskins can continue to use their trademarks (e.g., their logos) and still prosecute infringement of them under state law.
In view of all this, the decision hands Angela Blackhorse and her merry band of yo-yos, at most, a symbolic victory. Even if things stopped right here, the REDSKINS really haven't legally lost anything. And, of course, plenty of things can still go wrong for her, not the least of which is a reversal on appeal. In addition, if a Republican President is elected in 2016 -- we can only hope -- he or she can appoint new members to the TTAB. Those members can, in turn, follow the proper steps in reversing the current TTAB's adverse ruling regarding the REDSKINS trademark.
So, no need to worry. The next step will be an appeal to the Fourth Circuit, which is populated by a lot of Red State judges. Let Angela have her brief day in the sun. It may her only day in it.
Hail To The REDSKINS!
United States District Court Judge Gerald Bruce Lee today upheld a ruling by the Trademark Trial and Appeal Board, which found that the name REDSKINS is disparaging. Despite the ruling, there should be little to celebrate for those on the 'winning' side. First, the decision doesn't take effect until the REDSKINS exhaust all their rights to seek review of the decision, one of which will be an appeal to the Fourth Circuit Court of Appeals. That court is considered the most conservative appeals court in the nation. Second, the decision technically doesn't strip the REDSKINS of their trademarks themselves. Instead, it simply cancels their registrations with the TTAB. That means the Redskins can continue to use their trademarks (e.g., their logos) and still prosecute infringement of them under state law.
In view of all this, the decision hands Angela Blackhorse and her merry band of yo-yos, at most, a symbolic victory. Even if things stopped right here, the REDSKINS really haven't legally lost anything. And, of course, plenty of things can still go wrong for her, not the least of which is a reversal on appeal. In addition, if a Republican President is elected in 2016 -- we can only hope -- he or she can appoint new members to the TTAB. Those members can, in turn, follow the proper steps in reversing the current TTAB's adverse ruling regarding the REDSKINS trademark.
So, no need to worry. The next step will be an appeal to the Fourth Circuit, which is populated by a lot of Red State judges. Let Angela have her brief day in the sun. It may her only day in it.
Hail To The REDSKINS!