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re: Trademark board rules against Washington Redskins name

Posted on 6/18/14 at 11:03 am to
Posted by Cap Crunch
Fire Alleva
Member since Dec 2010
54189 posts
Posted on 6/18/14 at 11:03 am to
quote:

So fricking stupid. If there was a team named "Crackers" or "White Bread" I would not give a frick.

Look, I think this whole Redskins name issue is as stupid as the next guy, but this is always the worst argument for a white person to make.
Posted by wiltznucs
Apollo Beach, FL
Member since Sep 2005
8962 posts
Posted on 6/18/14 at 11:04 am to
quote:

Wasn't this already taken to court 20+ years ago and the Redskins won?


They lost then too (1999?), the Court overturned the ruling on a technicality a few years later.
This post was edited on 6/18/14 at 11:05 am
Posted by Cajun Revolution
Member since Apr 2009
44671 posts
Posted on 6/18/14 at 11:06 am to
I'd be fine with Washington Football Club then still use logo. The logo isn't the issue. It seems use of redskins
Posted by Spaceman Spiff
Savannah
Member since Sep 2012
17463 posts
Posted on 6/18/14 at 11:11 am to
quote:

So fricking stupid. If there was a team named "Crackers" or "White Bread" I would not give a frick.


Posted by LSUDAN1
Member since Oct 2010
8959 posts
Posted on 6/18/14 at 11:17 am to
I think the Buccaneers is offensive to every pirate in the world. Time to remove it. Hell Tampa already caved and got rid of Devil from their baseball team.
This post was edited on 6/18/14 at 11:23 am
Posted by LSUTygerFan
Homerun Village
Member since Jun 2008
33232 posts
Posted on 6/18/14 at 11:20 am to
How long before Atheists consider the "Saints" offensive?
Posted by LSUDAN1
Member since Oct 2010
8959 posts
Posted on 6/18/14 at 11:22 am to
quote:

How long before Atheists consider the "Saints" offensive?


Up until they started winning, I thought it was very degrading to all "Saints". Winning cures all. If Redskins were winning every year this would be a moot point.
Posted by AnonymousTiger
Franklin, TN
Member since Jan 2012
4863 posts
Posted on 6/18/14 at 11:23 am to
Time to start considering a return to the Articles of Confederation.
Posted by LSUPHILLY72
Member since Aug 2010
5356 posts
Posted on 6/18/14 at 11:25 am to
Washington Warriors...problem solved.
Posted by deSandman
Member since Mar 2007
969 posts
Posted on 6/18/14 at 11:28 am to
quote:

Well, the 1st amendment of the constitution gives the company the protection to use whatever name they see fit. The patent office, as an extension of the fed gov cannot limit the 1a. This will go to court.


No, it doesn't. The first Amendment gives the company the right to use whatever name it sees fit.
The US Trademark Office gives a company an exclusive right to use a name and gives a company the ability to enforce that right in court. And now it has decided that that giving the team the exclusive right to the word "Redskins" was a mistake.
This ruling doesn't say that the team can't refer to itself as the Redskins. It just means that they can't sue someone for making a shirt with the word "Redskins" on it because no one can own a trademark that is disparaging to people.

Here's the ruling:
LINK
Posted by jtmiller02
Member since Jan 2013
114 posts
Posted on 6/18/14 at 11:38 am to
quote:

It just means that they can't sue someone for making a shirt with the word "Redskins" on it because no one can own a trademark that is disparaging to people.

Here's the ruling:
LINK


That certainly doesn't sound like a reckless over-reach of government power. So based on this ruling every "offended" party in the world can invalidate their enemy's trademarks.
Posted by DamnStrong1860
The Second City
Member since Oct 2012
3000 posts
Posted on 6/18/14 at 11:42 am to
quote:

POTUS does not know what this so there for can do what he pleases.


WHOA! dude taught conlaw at a top ten law school and doesn't know what the constitution is?
Posted by deSandman
Member since Mar 2007
969 posts
Posted on 6/18/14 at 11:46 am to
quote:

So based on this ruling every "offended" party in the world can invalidate their enemy's trademarks.


No, it has to be disparaging to a substantial composite of the referenced group at the time the trademark was issued. It's a pretty tough standard to meet, but when "Slang (often disparaging and offensive)" appeared in the Random House dictionary next to the word, as is the case here, it's not impossible.

The same decision was reached in 1999, but the decision got thrown out on a technicality (the court determined the plaintiffs had waited to long to bring the motion).
Posted by goldenbadger08
Sorting Out MSB BS Since 2011
Member since Oct 2011
37900 posts
Posted on 6/18/14 at 11:48 am to
Posted by DamnStrong1860
The Second City
Member since Oct 2012
3000 posts
Posted on 6/18/14 at 11:50 am to
quote:

That certainly doesn't sound like a reckless over-reach of government power. So based on this ruling every "offended" party in the world can invalidate their enemy's trademarks.


Uhm. . . No.

The mark has to be disparaging. So naming a team Chiefs or Braves likely wouldn't get you in trouble. Thats like naming a team Generals or Warriors. Why would that offend anyone?

But to name a team red skins? C'mon man! You have to see the difference. No one is going to invalidate the trade mark "Coca Cola", but "Coca Cola Whites Only" probably won't fly.
Posted by Seymour
Gulf Coast
Member since Sep 2013
1630 posts
Posted on 6/18/14 at 11:52 am to
quote:

Well, the 1st amendment of the constitution gives the company the protection to use whatever name they see fit. The patent office, as an extension of the fed gov cannot limit the 1a. This will go to court.


Lol I love all the OT constitutional scholars. The 1st A doesn't prevent the government from not awarding a trademark. The federal government isn't telling the team they can't have that name, they simply are not going to be trademark protected.

And I think the name should stay the same
Posted by IceTiger
Really hot place
Member since Oct 2007
26584 posts
Posted on 6/18/14 at 11:56 am to
Understanding how to use something to your advantage and knowing its purpose are two distinctly different things...

Case in point, one can be a the best parachute rigger on earth and never learn the purpose of each tacking, fold and stow...just knowing the steps and techniques is well enough
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
118969 posts
Posted on 6/18/14 at 11:57 am to
When did the patent office turn political?
Posted by DamnStrong1860
The Second City
Member since Oct 2012
3000 posts
Posted on 6/18/14 at 11:58 am to
Wut?
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
45724 posts
Posted on 6/18/14 at 12:01 pm to
quote:

The plan to insult whites in the same way the minority students perceived Native Americans being insulted backfired on the group when the team's popularity skyrocketed. In response to customer demand, the team eventually began selling shirts under both names.


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