On June 18, a panel of administrative judges within the U.S. Patent and Trademark Office made headlines by ordering cancellation of six trademark registrations owned by the National Football League’s Washington Redskins. In Blackhorse v. Pro-Football Inc., a split panel of the Trademark Trial and Appeal Board held that the registrations, all of which included the word “Redskins,” violated Section 2(a) of the U.S. Trademark Act. This section prohibits registration of marks that “may disparage persons or bring them into contempt, ridicule or disrepute.”
The decision was widely reported and widely misunderstood. It was not a judgment on whether the team can continue to use Redskins as a team nickname. It was not a pronouncement on the question of whether “Redskins” is a disparaging term in 2014. It did not have any immediate effect, since the registrations are still in force pending appeal. And even if the decision were ultimately upheld, the impact on the football team’s trademark enforcement efforts would be relatively small. But any case that mixes the volatile issues of racial insensitivity and professional football is bound to attract attention — and deserves a closer look.
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