A federal judge has now ruled that the Washington Redskins trademark must be cancelled because it is racially insensitive.
From protest groups to the President to the NFL Commissioner, the Washington Redskins have been getting hammered from all angles in an attempt to get the team to move away from its racially insensitive team name and logo. However, those have all been mere words in the court of public opinion, cast out to apply pressure but lacking the true power to drive a change.
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That power reigned down upon the Redskins on Wednesday, when a Federal judge, Gerald Bruce Lee, ruled that the logo was racially insensitive and issued an order to have the team’s patents cancelled.
According to Brad Bell of the Associated Press, the patent battle has been raging since 1992 and the ruling on Wednesday could deal a huge blow to the Redskins. While the courts lack the ability to force the team to change its name or logo, revoking its patents will have a huge financial implication on the team, as it will no longer be able to enforce sole ownership of the logo or name. That allows others to produce merchandise and directly compete with the Redskins, and by an extension the NFL, in the sale of t-shirts and other items that directly impact the team and league’s revenue streams.
As noted by Bell, the team could still fight any infringement in a court of law and seek financial restitution. However without the patent registration in place, the court costs to fight such a battle could cost more than a potential net win.
Logically, team president Bruce Allen immediately announced that they will appeal the decision.
"“We are convinced that we will win because the facts and the law are on the side of our franchise that has proudly used the name Redskins for more than 80 years.”"
This latest ruling was another blow to the team in its battle to preserve its team name. The Trademark Trial and Appeal Board had earlier ruled the name offensive and had moved to cancel the trademarks associated with it. However, the team had appealed that finding on the grounds that only a federal judge could rule on whether the name was truly offensive or not. With Wednesday’s ruling, the team faces an uphill battle where freedom of speech will go head-to-head with what is tasteful and racially fair.
Such a ruling could have much larger implications outside of the Redskins trial. With the Confederate Flag also coming under fire in recent weeks and battle raging all over the country as to whether it is still in good taste to fly it or whether it is deemed disparaging against a race in its own right.
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