US Department of Justice intervenes in Redskins case
The US Department of Justice (DoJ) has thrown its weight behind the country’s IP office following a decision last year to strip professional football team Washington Redskins of six trademarks.
The DoJ said it would “defend the federal authorities” of the US Patent and Trademark Office’s (UPSTO) Trademark Trial and Appeal Board (TTAB)
In a statement, acting assistant attorney general Joyce Branda added that the DoJ was “dedicated to defending the constitutionality” of the Lanham Act, and ensuring that trademark issues involving disparaging and derogatory language are dealt with fairly.
“I believe strongly in the rights of all Americans to celebrate and maintain their unique cultural heritage. Going forward, we will strive to maintain the ability of the USPTO to make its own judgement on these matters, based on clear authorities established by law,” she added.
Following a petition by Amanda Blackhorse and other Native Americans, the TTAB at the USPTO last year cancelled six trademark registrations belonging to the team.
It ruled that the term ‘Redskin’ (variations of which were included in all six trademarks) was disparaging to Native Americans.
In response, the team sued the petitioners last summer, arguing that the Lanham Act was unconstitutionally vague and that it violated free speech rights. The petitioners then tried to dismiss the lawsuit, but that attempt was rejected.
Bob Raskopf, a lawyer for the team, did not respond immediately to a request for comment on the latest news.
Jesse Witten, who is representing the Native Americans, told WIPR: “We are pleased that the DoJ is joining the litigation on our side. The team is litigating this case vigorously and the government's participation will be helpful.”
