Last summer, if you remember, the US Patent Office cancelled the Redskins trademark due to the offensive nature of name. The NFL team vowed to take it to the courts to battle it out. Well, yesterday the first battle was fought and the franchise lost. A federal court judge ruled yesterday that the trademark should remain cancelled due to the disparaging nature of the moniker to Native Americans.
This does not prevent the team from continuing the use of the name, and they can even sue others for trademark infringement, but without the federal protection that comes from having a registered federal trademark, they will have difficulty in winning any case that goes to trial.
The team has vowed to appeal, but it is starting to look like they are fighting an uphill battle they will inevitably lose. My guess is that this eventually goes to the Supreme Court, and considering some of the most recent rulings going to the they have in that Court, I'm not sure the team will have enough votes to win.
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