Redskins eyes appeal against trademark ruling

The Washington Redskins has said it will appeal against a district court’s decision to uphold the cancellation of six of the club’s trademarks.

In a statement following the ruling on Wednesday, July 8, the club said it was “convinced” that it will win because the facts and law are on “the side of our franchise” and the club has used the Redskins name for more than 80 years.

Bruce Allen, the Redskins’s general manager, told sports news website ESPN: “We look forward to winning on appeal after a fair and impartial review of the case.

“We are convinced that we will win because the facts and the law are on the side of our franchise that has proudly used the name Redskins for more than 80 years.”

The club had not responded to WIPR’s request for comment at the time of publication but we will update the story should it get in touch.

In last week’s ruling, the US District Court for the Eastern District of Virginia upheld a 2014 decision by the US Patent and Trademark Office to cancel six trademarks containing the term ‘Redskin’—a slang word for a Native American.

The trademarks had been challenged by a group of Native Americans, led by Amanda Blackhorse.

In response to the USPTO’s ruling, the Redskins sued those who brought the case in an attempt to overturn the decision, arguing that the cancellations violated its First Amendment rights.

The club also argued that the term ‘Redskins’ was not disparaging and that Blackhorse’s petition should be rejected on the grounds that there was an unreasonable delay in filing it (laches).

Issuing its ruling, the court cited dictionary and scholarly evidence showing the term ‘redskin’ is offensive to Native Americans. On laches, the court said it does not apply because of the “public interest at stake”.