Redskins Dealt Major Defeat In Battle Over Mascot

[DonViejo]

Source: TPM

A Virginia judge ordered Wednesday that the Washington Redskins’ trademark registrations be cancelled – the biggest legal defeat the team has suffered in its two-decade battle over its name.

The ruling ends a legal saga that began when the team filed a lawsuit to contest the U.S. Patent and Trademark Office’s decision to end the team’s trademark registration, including the red-faced mascot viewed as racially offensive to Native Americans.

A trademark appeals board later affirmed the decision to end the team’s registered holdings, saying the name is not legally protected because it is racially offensive, the Washington Post reported.

Jesse Witten, an attorney for the five Native Americans involved in the lawsuit against the team, called the ruling a “watershed event” and major victory in the Post. A appeal from the Redskins is likely, and the cancellation won’t officially take effect until the end of the appeals process.

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Read more: http://talkingpointsmemo.com/livewire/washington-redskins-mascot-trademarks-cancelled

[snooper2]

1. interesting,

So, is Cracker Barrel Trademarked?

[yellowcanine]

23. I don't get it?

What could possibly be wrong with the Cracker Barrel trademark?

[Massacure]

28. Cracker can be used a pejorative term for white people

Cracker is a pejorative term for whites much as nigger is a pejorative term for blacks. Most people think of the food item when they hear the word cracker though, so they don't take offense to the name Cracker Barrel like they would as if a store tried to call itself Nigger Barrel for example.

[alphafemale]

33. Spare me. Cracker is nowhere in any way equivalent with the word Nigger.

And many Cracker Barrel franchises reserved the right to refuse service to non-whites until sometime in the mid nineties.

Spare me.

[mac56]

34. No comparison.

"Cracker" is a term created by some white people to apply to other white people.

"Nigger" is a term created by white people to apply to black people.

There is no comparison here.

[yellowcanine]

35. Well yeah, but the snack is the way more common meaning.

And no, "cracker" does not carry the significance of the N word. Not even close. It is basically the equivalent of "redneck." Using either one is more rude and crude than racial.

Furthermore old country stores used to sell crackers from a barrel in bulk. So it is a real stretch to make it a pejorative. I hate when people take perfectly good words and make them have vulgar or pejorative meanings. OTOH, "Redskin" nearly from the beginning was a pejorative. Later it might have been used in a more benign way but the record is mixed at best.

[romanic]

39. Cracker is a slur

but it's NOTHING like the word "nigger".

[Raster]

36. Yee-aahhh.... sometimes cracker barrel is just a barrel crackers come in.

And sometimes Redskins are just... wait, no they're not.

[randys1]

2. Who supports the owner? Anybody? Anybody here at DU?

[cosmicone]

3. I support the redskins name

I just want them to change the logo!

[randys1]

5. Good one

[azureblue]

18. or

just change the name to that of an Indian tribe.

[yellowcanine]

20. I think even people inclined to defend the name don't support Dan Snyder.

He is a meddlesome owner who seems to make all the wrong moves.

And on the name he is simply politically tone deaf.

[randys1]

22. Tone deaf? More like racist

[Gothmog]

4. This is great news

[Major Nikon]

6. Good fucking riddance to bad fucking rubbish

[Fred Sanders]

7. You say you want a revolution? Listen to any non-American journalist, they see it already happening.

"Racism Dealt Another Defeat" is my headline.

[-none]

8. Government hypocrisy!

The federal government, which has Tomahawk cruise missiles and Apache, Blackhawk, Kiowa and Lakota helicopters, and used the code name "Geronimo" in the attack that killed Osama bin Laden, officially objects to the name of the Washington Redskins.

In my defense, I received this in an E-mail and am just re-posting it.

[Fred Sanders]

9. In your defence, we all see the offence. Preemptive apologies get noticed.

[-none]

11. There are those on DU without tolerance on some subjects, that's why.

[dbackjon]

10. Bananas and Grapefruit!

I just received an email, so I take no responsibility for the idiotic statements I post!!

[-none]

12. Something like that.

I'm just sharing, that's all.

[Le Taz Hot]

13. Response:

"Tomahawk" is an actual item, Apache, Kiowa and Lakota are Native American tribes and Geronimo was an historical human being.

"Redskins" in a racial slur. Really, not that difficult.

[Amishman]

16. good points, and the same reasoning is why FSU's Seminole mascot and nickname is not offensive

especially since the Seminole tribe supports FSU

[swilton]

17. Thank you!

Whoever is giving the Washington, DC 'team' PR advice is doing a poor job...They should get ahead of this and take ownership before they keep getting dragged further into the gutter.

In that regard, I suggest the new team name as the neocons - The DC Neocons -

[romanic]

38. Agreed.

Plus "Washington Tomahawks" has a better ring to it than the Redskins label to be honest.

[yellowcanine]

21. It is not an apt comparison. None of those names are derogatory. "Redskin" is almost always so.

[Auggie]

14. Chief Wahoo can be next:

[FSogol]

37. Cleveland has been slowly phasing him out. They switched to a block "C" and their hats

and only use Chief Wahoo on their home gear. They are attempting to get rid of him without upsetting their fans. Bad move, imo. Sometimes it is just better to rip the band aid off rather than slowly pull it away. Get rid of him and take your lumps, Cleveland.

[Stellar]

15. Cool! n/t

[Darb]

19. It's pretty simple to force a name change,

opposing fans should stay away from Redskin games when they visit their teams stadiums. The fellow owners would force a change pronto.

[awoke_in_2003]

24. The sad thing is, once they finally change the name...

Snyder is going to laugh all the way to the bank. Tons of people will "need" new merchandise.

[NCjack]

25. It's difficult to predict what will happen. With the trademark revoked,

anyone can manufacture the "redskin" items and pay Greedy Dan $nothing. That could result in 50% below Greedy Dan's selling price for his yet unannounced outrageously priced branded items. Getting the fans to switch to a new logo may require drastic action, such as relocating the team to stadium beyond a convenient travel distance for the current fan base. Regardless, I think he is in for a fight with his team's fan base.

[awoke_in_2003]

26. Without a trademark...

I think Snyder will really have to do something to ensure his profits. A new team name and mascot, legally protected, will make him a lot of money. I know that it has to change, it is offensive- I just hate that he is going to make big on the deal.

[NCjack]

27. Greedy Dan has a profit calculator built into his brain. He will find a way

to make huge profits, even if he has create a problem and charge the team fans fee for the solution. The team's fan base are chumps.

[awoke_in_2003]

29. Very true...

I like football (lifelong Steelers fan) but I don't buy paraphernalia.

[smiley]

32. He's dragging out the inevitable...

so that the fan base gobbles up as much Redskins memorabilia before he is forced to change the name and team identity.

[onenote]

30. You are mistaken about the impact of the decision

It did not revoke the team's trademark. It revoked its registration. The decision specifically points out the difference, noting that a court cannot revoke a trademark, and that "unregistered" trademarks are entitled to protection under common law, many state laws, and even, albeit to a lesser extent than registered trademarks, under federal law. The team can continue to put "™" next to its trademark. And given that it has much deeper pockets than the folks who it would be suing, it still can go after those who use its trademark without the team's consent.

[NCjack]

31. I didn't appreciate the difference and consequences. So, Greedy Dan is home free (again). nt

[eringer]

40. Here is an easy fix for the helmet, just go to a throwback style

And, perhaps, they could "share" the name of the DC Rugby team (Renegades).

With that problem solved, they only have one major problem left ... fielding a competitive team!

Many minor problems that have no easy fixes persist -- ownership, attendance (there are more fans for the opposing team at the games); bringing peanuts in the shell back to the stadium; getting a decent stadium (FedEx is awful!!!).