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September 19, 2005

Fate of Redskins Trademark Registration Still Uncertain

The good folks over at IP News Blog point out Court Revives case against Redskins. The Court of Appeals for D.C. reissued the opinion earlier this month.

The court reversed the lower court ruling on the issue of latches. Pro-Football, Inc. claimed that this finding would bring uncertainty to trademark owners. However, the court was unsympathetic. While the plaintiffs in the case claim that the term "Redskins" was disparaging from its registration, I still wonder about the impact of this case on a mark that later becomes disparaging.

Interestingly, the impact from a loss in the case would not require the NFL franchise to change its name. Instead, it would result in the registration being cancelled. The team would still have all the rights associated with trademarks at common law. While a registration provides proof of the strength of the mark, the fact that the mark was registered for decades would probably have some bearing on the outcome of any future trademark dispute.

Although it has been ongoing since 1992, this is still a case to watch.

Posted by Melody Wirz at 02:53 PM.
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