9/02/2014

Skins Fight Back


The Washington Redskins recently filed its appeal of the Patent and Trademark Office decision to cancel the team’s six federal trademarks, with the team’s attorney calling the ruling a “flawed decision.”

“We believe that the Trademark Trial and Appeal Board ignored both federal case law and the weight of the evidence, and we look forward to having a federal court review this obviously flawed decision,” Bob Raskopf, the team’s trademark attorney, said in a statement.

The was filed in the federal court for the Eastern District of Virginia and pushes back against the 2-1 decision by the Patent Office’s Trademark Trial and Appeal Board, which stated the Redskins name is “disparaging to Native Americans at the respective times they were registered.”

The complaint said the board’s decision was “replete with errors of fact and law” and said its evidence was insufficient.

In its statement Thursday, the team said its complaint asked the court to consider “the serious Constitutional issues that the Board lacked the authority to address” adding that the NFL team was “improperly penalized.” The judge assigned to the appeal is U.S. District Judge Gerald Bruce Lee.


“Specifically, by cancelling valuable, decades-old registrations, the Board improperly penalized the Washington Redskins based on the content of the team’s speech in violation of the First Amendment,” the statement said, which added the team “has been unfairly deprived of its valuable and long-held intellectual property rights in violation of the Fifth Amendment.”

The lead plaintiff the the Patent Office case responded to the team’s appeal, saying the Redskins efforts are “doomed.”

“This effort is doomed to fail, but if they want to prolong this litigation which has already gone on for 22 years, I guess they have that prerogative,” Amanda Blackhorse said in a statement released Thursday.  Read more:


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