http://espn.go.com/nfl/story/_/id/11102096/us-patent-office-cancels-washington-redskins-trademark
WASHINGTON -- The U.S. Patent Office has ruled the
Washington Redskins nickname is "disparaging of Native Americans'' and that the team's federal trademarks for the name must be canceled.
The 2-1 ruling comes after a campaign to change the name has gained momentum over the past year. The team doesn't immediately lose trademark protection and is allowed to retain it during an appeal.
Redskins owner Daniel Snyder has refused to change the team's name, citing tradition, but there has been growing pressure including statements in recent months from President Barack Obama, lawmakers of both parties and civil rights groups.
The decision means that the team can continue to use the Redskins name, but it would lose a significant portion of its ability to protect its financial interests. If others printed the name on sweatshirts, apparel, or other team material, it becomes more difficult to go after people who use it without permission.
The NFL splits revenue from team merchandise sales and licensing 31 ways (the Cowboys have their own deal). In the end, if the Redskins lose money from losing their trademarks, the entire league will lose money -- and then it no longer just is about the Redskins and their name, but it's about all of the other teams in the NFL (except the Cowboys) losing money. That issue could bring a lot more pressure on Snyder about the name of the team.
The decision by the Trademark Trial and Appeal Board is similar to one it issued in 1999. That ruling was overturned in 2003 in large part on a technicality after the courts decided that the plaintiffs were too old and should have filed their complaint soon after the Redskins registered their nickname in 1967.
The new case was launched in 2006 by a younger group of Native Americans, and was heard by the board in March of last year.
The group argued that the Redskins should lose their federal trademark protection based on a law that prohibits registered names that are disparaging, scandalous, contemptuous or disreputable.
Suzan Shown Harjo, one of the plaintiffs who testified at last year's hearing, said she was "thrilled and delighted'' with the decision.
Redskins owner Snyder, asked by reporters Wednesday for his reaction to the trademark decision, simply waved to reporters and did not comment.
In Washington, lawmakers who have pushed for a name change applauded the decision. In May, half of the Senate wrote letters to the NFL urging the team to change its name.
"Daniel Snyder may be the last person in the world to realize this, but it's just a matter of time until he is forced to do the right thing and change the name,'' said Senate Majority Leader Harry Reid, who has said previously he will not attend home games until the team changes its name.
