USPTO Cancels "Redskins" Trademarks

I don't talk a lot about trademarks, in part because I don't know much about their legal foundations and caselaw. I do know that the use of the often-derogatory term "redskin" has caused tremendous controversy, to the point where it has its own Wikipedia page now. Senator Harry Reid also garnered some publicity by turning down a game invite until the team changed its name; Reid is Majority Leader in Washington right now, but he represents a state with a significant Native American population.

I was not aware that five Native American individuals had brought a case before the USPTO requesting that the mark be cancelled because it disparages Native Americans. This morning, the Office issued its ruling, finding that a series of marks must be cancelled because they were derogatory terms at the time of issue.

As the NY Times points out, the team has been defended in this case by the NFL, and that there is likely to be an appeal. Even if the PTO decision is sustained on appeal there's nothing that can be done from a trademark perspective to stop the team using the name and logos. All that would happen is they would lose the protection they now have against other people using the marks. Unfortunately, that could lead to more merchandise and other material appearing; real change will likely only be possible when the League is convinced to stop defending the team owner's position.