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Fed'l Circuit Rules That Patent And Trademark Office Can't Ban Trademarks Because They're Offensiv

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!
 

Sharkinva

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Bottom line, any one has a right to offend any one in this country. Every one has a right to be offended by some one or something in this country.

The Government does not have the right to tell us we cant offend or be offended by some ones words or actions....... Yet.
 

redskinsfan

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Sportster 72

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I am offended by the term Fighting Irish no matter how many fights I have been in. :mad2: And don't even go to drunk Irishman.
 

Stymietee

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You mean you don't think the government should be able to determine what's offensive and ban that? [sarcasm]

Be careful what you say about certain religions. That just might get you some jail time.

The Attorney General on speech that ‘edges towards violence’ and ‘acts of anti-Muslim hatred, including rhetoric’

........Or find yourself the leading candidate for president in one of our two party systems:pound:

(psssst did you guys really click here to read my remarks, thinking that I would.................?):D
 

redskinsfan

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I am offended by the term Fighting Irish no matter how many fights I have been in. :mad2: And don't even go to drunk Irishman.

Or little Leprechaun. The moniker and log for the "Fighting Irish" is wrong on more grounds than is REDSKINS, which isn't wrong at all.
 

redskinsfan

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........Or find yourself the leading candidate for president in one of our two party systems:pound:

(psssst did you guys really click here to read my remarks, thinking that I would.................?):D

And you don't think the other leading candidate doesn't privately think the same thing? You'd be kidding yourself if you did (though the rival to that other candidate publicly and private thinks differently).
 

Stymietee

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And you don't think the other leading candidate doesn't privately think the same thing? You'd be kidding yourself if you did (though the rival to that other candidate publicly and private thinks differently).

Didn't really say which one.......did I??
 

redskinsfan

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Didn't really say which one.......did I??

You certainly didn't, but I think we know which one you were referring to. I actually live five minutes away from where those terrorists lived in Redlands, which is a quiet, bedroom community in Southern California. We've got a whole bunch of Leftists in our town that used to decry profiling and mocked one of those candidates for that candidate's view on Muslims and terrorism. After this little act of terrorism visited our town, you'd be quite surprised to see how many Leftists now have come full circle on this issue. A few days ago, I heard a couple of young African American males calling two ladies wearing a hijab "Abdul Fool" as they passed by each other.
 

skinsdad62

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looks like the trade mark thing will fail . i wonder what poor mike wise is thinking now ? HTTR michael foxtrot

same to you harry fake ass reid
 

redskinsfan

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looks like the trade mark thing will fail . i wonder what poor mike wise is thinking now ? HTTR michael foxtrot

same to you harry fake ass reid

Mike Wise is a pretentious turd. Harry Reid is simply a jackass. Remember when Bob Costas made that speech about the Redskins name on Sunday Night Football? He can go to hell too.

Merry Christmas to them all, however.
 

Caliskinsfan

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Here's the tweet again...do you see it now?

 

redskinsfan

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Nooooooo . . . hmmmmmm . . . maybe Harry Reid is blocking our communications between each other.
 

Caliskinsfan

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redskinsfan

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