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redskinsfan
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U.S. appeals court says government cannot censor offensive trademarks
Greetings, Redskins Nation!
I haven't been here in a long while as I've been under a proverbial rock at work. But I thought I'd come back with a bit of a good news. The US Court of Appeals for the Federal Circuit ruled yesterday that the US Patent and Trademark Office couldn't ban trademarks because they might be offensive to others. In that particular case, the Court held the PTO's refusal to trademark an Asian-American band wishing to call itself 'The Slants' ran afoul of the First Amendment.
While the ruling wasn't issued in the Redskins case, it has potential implications for our beloved team's matter, which is currently pending before the Fourth Circuit. Why potential? That's because a decision by one court of appeal isn't considered precedent for another circuit court of appeal. That means the Fourth Circuit can disagree with the Federal Circuit's view on this issue and actually uphold the constitutionality of the PTO's rule regarding offensive trademarks. Of course, if it decides to go along with the Federal Circuit's decision, it's game over for Angela Blackhorse, Mike Florio, Bob Costas, Pete King, Phil Simms and the other merry band of self-righteous ninnies who oppose use of REDSKINS.
While it's anyone's guess as to how this might turn out in the Fourth Circuit, if that court rules the other way on the First Amendment issue and then rules against the Redskins on the other issues, this will result in something called a "circuit split" or a difference between two or more circuit courts of appeal on a (significant) rule of law. This is important since this can lay the groundwork for Supreme Court review. (Note that, in order to get to SCOTUS, you need to (1) convince SCOTUS to take your case and (2) then prove you should win. Step one is usually where more cases end since SCOTUS only decides to take less than one percent of cases parties take to its doorstep. A circuit split is one very limited way to get by step one.)
Anyways, stay tuned!
And let's hope to clinch a division title this weekend!
Greetings, Redskins Nation!
I haven't been here in a long while as I've been under a proverbial rock at work. But I thought I'd come back with a bit of a good news. The US Court of Appeals for the Federal Circuit ruled yesterday that the US Patent and Trademark Office couldn't ban trademarks because they might be offensive to others. In that particular case, the Court held the PTO's refusal to trademark an Asian-American band wishing to call itself 'The Slants' ran afoul of the First Amendment.
While the ruling wasn't issued in the Redskins case, it has potential implications for our beloved team's matter, which is currently pending before the Fourth Circuit. Why potential? That's because a decision by one court of appeal isn't considered precedent for another circuit court of appeal. That means the Fourth Circuit can disagree with the Federal Circuit's view on this issue and actually uphold the constitutionality of the PTO's rule regarding offensive trademarks. Of course, if it decides to go along with the Federal Circuit's decision, it's game over for Angela Blackhorse, Mike Florio, Bob Costas, Pete King, Phil Simms and the other merry band of self-righteous ninnies who oppose use of REDSKINS.
While it's anyone's guess as to how this might turn out in the Fourth Circuit, if that court rules the other way on the First Amendment issue and then rules against the Redskins on the other issues, this will result in something called a "circuit split" or a difference between two or more circuit courts of appeal on a (significant) rule of law. This is important since this can lay the groundwork for Supreme Court review. (Note that, in order to get to SCOTUS, you need to (1) convince SCOTUS to take your case and (2) then prove you should win. Step one is usually where more cases end since SCOTUS only decides to take less than one percent of cases parties take to its doorstep. A circuit split is one very limited way to get by step one.)
Anyways, stay tuned!
And let's hope to clinch a division title this weekend!