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3 July 2017Trademarks

Native Americans drop trademark suit against Redskins

A group of Native Americans has dropped its high-profile trademark suit against the Washington Redskins, a National Football League team.

On Thursday, June 29, the group wrote in a note to the US Court of Appeals for the Fourth Circuit that there is no need for an oral argument because it agreed with the US Supreme Court’s decision in Matal v Tam.

As previously  reported by WIPR, the Supreme Court found in Matal that the government’s ban on disparaging trademarks was unconstitutional, overturning more than 70 years of legal practice.

The clash, initiated by rock band The Slants, centred on 15 USC section 1052 (section 2(a) of the Lanham Act), under which trademarks that are likely to disparage people, institutions or beliefs are barred from registration.

In the Washington Redskins dispute, six trademarks owned by the team were cancelled in 2014 by the US Patent and Trademark Office (USPTO) after they were challenged by the Native American group.

The trademarks were for the term ‘Redskins’, a slang word for Native American people.

The Redskins had taken the case to the Fourth Circuit after a district court upheld the USPTO’s decision.

According to Lawrence Robins, IP partner at Sullivan & Worcester, it is likely that the Redskins’ trademarks will be reinstated.

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