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US Patent Office Strips "Washington Redskins" Name For Being "Disparaging"

Tyler Durden's picture




 

What Obama wants, he appears to get. As AP reports, the U.S. Patent Office has ruled the Washington Redskins nickname is "disparaging of Native Americans" and that the team's federal trademarks for the name must be canceled. We note that this decision is based on the fact that 30% of Native Americans believed the term 'Redskins' to be disparaging (not a majority). Which leaves us questioning when the Federal Government will see the New York Giants as disparaging of tall people and The Oakland Raiders as disaparaging of pirates... welcome to the new normal. We wonder (rhetorically of course) if this latest Redskins escalation is supposed to distract from Ukraine, Iraq, Bergdahl, IRS, Benghazi, or approval ratings?

 

As WaPo notes,

Federal trademark law does not permit registration of trademarks that “may disparage” individuals or groups or “bring them into contempt or disrepute.” The ruling pertains to six different trademarks associated with the team, each containing the word “Redskin.”

 

As AP reports,

The U.S. Patent Office has ruled the Washington Redskins nickname is "disparaging of Native Americans" and that the team's federal trademarks for the name must be canceled.

 

The ruling announced Wednesday comes after a campaign to change the name has gained momentum over the past year.

 

The decision by the Trademark Trial and Appeal Board is similar to one it issued in 1999. That ruling was overturned in 2003 in large part on a technicality because the courts decided that the plaintiffs were too old.

 

The new case was launched in 2006 by a younger group of Native Americans. A hearing was held in March 2013.

 

Just like last time, the Redskins can retain their trademark protection during an appeal.

Welcome to 1984 thought control.

Administrative Trademark Judge Karen Kuhlke notes:  

The recognition that this racial designation based on skin color is disparaging to Native Americans is also demonstrated by the near complete drop-off in usage of "redskins" as a reference to Native Americans beginning in the 1960's.

 

The record establishes that, at a minimum, approximately thirty percent of Native Americans found the term REDSKINS used in connection with respondent's services to be disparaging at all times including 1967, 1972, 1974, 1978 and 1990. Section 2(a) prohibits registration of matter that disparages a substantial composite, which need not be a majority, of the referenced group. Thirty percent is without doubt a substantial composite. To determine otherwise means it is acceptable to subject to disparagement 1 out of every 3 individuals, or as in this case approximately 626,095 out of 1,878,285 in 1990. There is nothing in the Trademark Act, which expressly prohibits registration of disparaging terms, or in its legislative history, to permit that level of disparagement of a group and, therefore, we find this showing of thirty percent to be more than substantial.

 

Respondent has introduced evidence that some in the Native American community do not find the term "Redskin" disparaging when it is used in connection with professional football. While this may reveal differing opinions within the community, it does not negate the opinions of those who find it disparaging. The ultimate decision is based on whether the evidence shows that a substantial composite of the Native American population found the term "Redskins" to be disparaging when the respective registrations issued. Therefore, once a substantial composite has been found, the mere existence of differing opinions cannot change the conclusion.

 

In view of the above, petitioners have shown by a preponderance of the evidence that a substantial composite of Native Americans found the term REDSKINS to be disparaging in connection with respondent's services during the relevant time frame of 1967-1990. Accordingly, the six registrations must be cancelled as required under Sections 2(a) and 14(3) of the Trademark Act.

Some social media suggestions for new names...

 

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Wed, 06/18/2014 - 13:32 | 4870106 Vracar
Vracar's picture

Having Indians in reservations for 100+ years isnt racism?

Wed, 06/18/2014 - 14:55 | 4870557 AnAnonymous
AnAnonymous's picture

We are in reservations. Not the Indians.

Signed: an American.

Wed, 06/18/2014 - 14:56 | 4870563 AnAnonymous
AnAnonymous's picture

Prison planet, baby, prison planet
Signed: an American

Wed, 06/18/2014 - 13:33 | 4870112 GOSPLAN HERO
GOSPLAN HERO's picture

Dead Skins is a reality based name.

Wed, 06/18/2014 - 13:35 | 4870126 insanelysane
insanelysane's picture

At a press conference today, Dan Snyder, owner of the Washington Redskins finally apologized to all of the people he has offended and said that he will be renaming the team after them.  The new name will be the Washington Thinskins.

- the future

Wed, 06/18/2014 - 13:39 | 4870140 roadhazard
roadhazard's picture

Everything just gets stupider and stupider.

Wed, 06/18/2014 - 13:41 | 4870144 Evil Bugeyes
Evil Bugeyes's picture

"The Washington Aboriginal-Indigenous Americans"

Wed, 06/18/2014 - 14:30 | 4870406 Canucklehead
Canucklehead's picture

Call them the Washington Roughriders.

Wed, 06/18/2014 - 13:44 | 4870162 RealityCheque
RealityCheque's picture

So what they should now do as a massive fuck-you to the Israel-backed fuckstick of a president is rename themselves.....

The Washington Foreskins.

Wed, 06/18/2014 - 13:45 | 4870166 ipud
ipud's picture

Washington Redinks

Wed, 06/18/2014 - 13:46 | 4870167 ipud
ipud's picture

Washington Redinks

Wed, 06/18/2014 - 13:45 | 4870168 ipud
ipud's picture

Washington Redinks

Wed, 06/18/2014 - 14:09 | 4870268 grunk
grunk's picture

And Obama went to North Dakota last week and met with some Indians.

http://www.wctrib.com/content/obama-lands-north-dakota-3

Now this decision.

How convenient.

Wed, 06/18/2014 - 14:08 | 4870279 DeusHedge
DeusHedge's picture

Did Curious GW suggest this to Barry?

Wed, 06/18/2014 - 14:17 | 4870336 PoliticalRefuge...
PoliticalRefugeefromCalif.'s picture

I guess The Washington Slavers is out, how about the LA Redskins?..

Wed, 06/18/2014 - 14:38 | 4870465 Turtle49
Turtle49's picture

Your leaders have been abducted by aliens (ET type) and replaced with idiots.  In the days before political correctness they were called retards.  How about the Washington Retards?  Or does the Patent Office find that objectionable?

Wed, 06/18/2014 - 14:39 | 4870471 grunk
grunk's picture

The Washington PCTP's.

Wed, 06/18/2014 - 14:57 | 4870566 Luffk73
Luffk73's picture

So they canceled the Trademark.  That doesn't mean Snyder has to change the name.  I'd kept the name as an "F#@k you!" gesture.

Wed, 06/18/2014 - 14:58 | 4870573 AnAnonymous
AnAnonymous's picture

The Washington Americans.

That sounds great.

Anything American is great.

Signed: an American.

PS: I am great!

Wed, 06/18/2014 - 21:04 | 4871860 TheFourthStooge-ing
TheFourthStooge-ing's picture

Dumbfounded by such 'american' deep foresight. What a gift to humanity.

A true 'american', this one. For this is the way 'americans' feel about themselfs.

Has not changed since 1776, July, 4th.

Their system, their show.

Wed, 06/18/2014 - 15:16 | 4870650 MrTown3
MrTown3's picture

Let the entitled whining begin...

Wed, 06/18/2014 - 17:33 | 4871173 RMolineaux
RMolineaux's picture

"Redskin"  I thought that was what happens to gringoes who take a Caribbean vacation in January.  (:-)

Thu, 06/19/2014 - 16:59 | 4875255 Jerk_Store
Jerk_Store's picture

"Redskin"  I thought that was what happens to gringoes who take a Caribbean vacation in January.  (:-)

Nah...that's what happens to WASPs who take a Caribbean vacation in January.

Wed, 06/18/2014 - 20:32 | 4871770 falconflight
falconflight's picture

Washington JACKBOOTS

Wed, 06/18/2014 - 20:34 | 4871777 falconflight
falconflight's picture

Another blatant example of the Gov't perverting the law.  The Law, by Frederic Bastiat

Thu, 06/19/2014 - 04:59 | 4872705 Comte d'herblay
Comte d'herblay's picture

More crimes are committed in the halls of "justice" than there are extinguished stars in the heavens.  More crimes are committed in and around the courthouse, by the lawyers, judges, and their accomplices than are committed by perpetrators on trial.  

Wed, 06/18/2014 - 21:29 | 4871932 notadouche
notadouche's picture

Answer for Snyder:   Keep the logo as no one is complaining about it.  Drop the "Redskins" and just be like "Prince" or "Madonna"  namingl your team "Washington"  

Wed, 06/18/2014 - 22:02 | 4872038 jmc8888
jmc8888's picture

I think it's quite sad that people concerned about the usage of the name to depict genocidal actions from 100-200 years ago or so, and yet the same politicians and constituents don't bat an eye at the ongoing genocide being conducted by the same people.

How many people died because of Redskin genocide today?  How many died in Iraq, and Ukraine let alone anywhere else via drone strikes because our country supported genocide?

Obama, Britain, Qatar, and Saudi Arabia, etc... all funded, armed, trained, and transported these assholes, and Obama specifically without Congressional approval, and now his impeachable evading of the constitution and rule of law chickens have come home to roost.

Iraq today is blowback for Obama's illegal actions (along with others).  Sure we have great evidence on other impeachable offenses, but this seems to be the smoking gun, and one that may provide day after day of reminder.

Wasn't arming, training, funding Al-Qeada instrumental in 9/11? Yet we do it again. Amazing.

This is what is sad.  The media, congress, and our president cares more about Redskins, then the genocide they create, and people are lapping it up. It's insane.  They are more concerned with an NFL team, a freaking trademark.

Redskin genocide = Bad.  But apparently Ukrainian and Iraqi genocide, among others = good!

People get up in arms about Redskins, but nothing about current and ongoing genocide. 

Millions of people especially over the decades have cheered on the Redskins.  They sang hail to the chief.  They bought tons of gear.  None of this was racist.  Maybe when people 100 years ago used the term, it was racist and wrong, but today few, if anybody, uses Redskins as a racial term.

Nobody is going to root for something that epitomizes a racial slur, and the Redskins don't symbolize a racial slur.  If they somehow did, suddenly it wouldn't be the same thing as that slur, it would be something different.  Like how Yankee was a slur, and now we are proudly called Yanks, and have the New York Yankees, etc, etc.  We changed a slur into a point of pride, and I think that in this 6th decade of fans cheering on a football team, positively, the name doesn't mean what some think it means. 

Getting rid of the name, won't stop people from becoming racist, and won't cause people to stop being racist.  What exactly tangibly is changed by switching names?  Nothing. 

Our gov't has far too many issues it should be focusing on rather then spending time on a FOOTBALL team name.

I'm sure the families of those who die by our genocidal hand will love our country, our gov't, and our people because we took notice of a team name rather then their wanton destruction.

Even if you don't care about other countries, how many of our servicemen will die because Obama feels the need to clamp down on his illegal involvement in their support via funding, arming, and training?  I'm sure the families of the dead from genocide will thank our soldiers who aren't on the ground there.

For fun, or self inflicted pain, I turned on MSNBC today just to see how much they talked about Obama's fault in any of this (ROFL), or even more casually, how much time they showed Ukraine.  Of course I didn't see everything but a big fat zero about these issues, while EVERY show, had segments on the Redskins issue.  Probably 1 1/2 hours devoted to Redskins, 0 seconds on Ukraine.  

I personally loved when Obama and MSNBC backs him up that Miliki is at fault for the terrorists Obama supported went of the reservation.  Emperor NerObama blaming everyone else for his screwups.

Glass-Steagall

Wed, 06/18/2014 - 23:25 | 4872317 Baby Eating Dingo22
Baby Eating Dingo22's picture

84% of Americans can't even find Ukraine on a map

I bet at least that many can tell you what side of Mily Cyrus's camel toe is the dominant side

Wed, 06/18/2014 - 23:20 | 4872310 Baby Eating Dingo22
Baby Eating Dingo22's picture

The Washington People of Color who Found a Way Out of the Ghetto

Thu, 06/19/2014 - 16:45 | 4875223 Jerk_Store
Jerk_Store's picture

the Washington Salad Tossers

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