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17 August 2015Trademarks

Fourth Circuit sets deadlines for Redskins case

The US Court of Appeals for the Fourth Circuit will hear the Washington Redskins trademark dispute next year and is asking both parties to submit final briefs by December.

The latest development follows an appeal by the National Football League (NFL) team against a decision handed down by US District Court for the Eastern District of Virginia.

In its decision last month the court upheld a ruling by the Trademark Trial and Appeal Board (TTAB) to cancel six of the team’s trademarks on the grounds that they were offensive to Native Americans.

All six trademarks contain variations of the word ‘Redskins’ and were registered by the NFL team between 1967 and 1990.

A ‘Redskin’ is a slang word for a Native American.

The trademarks were cancelled by the TTAB in June last year after their validity was challenged by a group of Native Americans led by Amanda Blackhorse. The NFL team  appealed against the district court’s decision last month.

The court has confirmed to WIPR that it will be hearing the case. According to news broadcaster NBCboth parties have to submit their initial briefs by September. Final briefs must be filed by December 22.

Jesse Witten, a partner at law firm Drinker Biddle & Reath and representing the Native Americans, said: "Last year, we prevailed before the TTAB. Last month, we prevailed before the district court.  We are confident that we will prevail before the court of appeals as well.

"The TTAB and the district court both properly understood that the team’s marks contain matter that may disparage Native Americans and are therefore not eligible for registration," he added.

Bob Raskopf, trademark attorney for the Washington Redskins and a partner at law firm Quinn Emanuel Urquhart & Sullivan, has been contacted for comment.

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13 July 2015   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.
Trademarks
9 July 2015   The Washington Redskins has been dealt a blow by a US district court after it reaffirmed a decision by the US Patent and Trademark Office (USPTO) to cancel six of the club’s trademark registrations on grounds that they “may disparage” Native Americans.