‘Redskins’ name scrapped, but replacement in TM limbo: reports

The  Washington Redskins are dropping the highly contentious name, but its replacement is tied up in a “trademark battle”, it has been reported.

The National Football League (NFL) franchise has faced high-profile trademark challenges over the Redskins name, in addition to fierce criticism from Native American groups.

Earlier this month, the team announced a “thorough review” of the name, at a time when several other famous brands were scrapped due to their racial connotations.

Sports Business Journal yesterday, July 12 reported that the name was to be dropped, according to “sources close to the organisation”.

The US Patent and Trademark Office (USPTO) previously cancelled the ‘Washington Redskins’ trademarks on two occasions, on the grounds that the term is disparaging towards Native Americans.

The first case was brought by Native American activist Suzan Shown Harjo in 1992, leading to the cancellation of the mark in 1999. But this decision was reversed by the US District Court for the District of Columbia, which found insufficient evidence for the USPTO’s conclusions.

The Redskins still faced difficulty in obtaining trademark protection for related merchandise brands.

Amanda Blackhorse, an activist and member of the Navajo Nation, challenged the name in a separate case that led to the mark once again being cancelled in 2014.

Blackhorse’s victory was overturned in 2018, in the wake of the US Supreme Court ruling in Matal v Tam.

In that decision, the US Supreme Court overturned the ban on “scandalous” and “disparaging” trademarks, but the name is still no less controversial.

Now, according to reports, legal wrangling over trademarks could once again prove an obstacle for the team.

The  Washington Post added that the “preferred replacement name is tied up in a trademark fight, which is why the team can’t announce the new name Monday”.

Washington Football, which owns the franchise, earlier this year abandoned a trademark application for the ‘Warriors’, covering football-related entertainment services.

The company has previously abandoned two other trademark applications for the ‘Warriors’ and ‘Washington Warriors’.

According to  MSN, this was owner Dan Snyder’s chosen name for a proposed Arena Football League team.

There are also six trademark applications for the ‘Washington Warriors’ pending at the USPTO, all filed by entities which don’t appear to be related to the team, and some covering football-related services.

The Washington Warriors is one of several names circulating among fans on social media, and has been cited by commentators as a  frontrunner.

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