Redskins: Canceling trademark violates free-speech rights

[alp227]

Source: AP

McLEAN, Va. (AP) — A federal government decision to cancel the Washington Redskins' trademark because it may be disparaging infringes on free-speech rights and unfairly singles the team out, lawyers argued in court papers filed Monday.

The team wants to overturn a decision last year by the Trademark Trial and Appeal Board to cancel the Redskins' trademark on the grounds that it may be offensive to Native Americans. But the team's attorneys say the law barring registration of disparaging trademarks is unconstitutional under the First Amendment.

The trademark board's decision unfairly singles out the Redskins "for disfavored treatment based solely on the content of its protected speech, interfering with the ongoing public discourse over the Redskins' name by choosing sides and cutting off the debate. This the U.S. Constitution does not tolerate," the lawyers write in their brief.

The lawyers argue that the government has no business deciding that a name such as Redskins is disparaging and undeserving of trademark protection while deeming other names such as Braves to be content-neutral and allowable for trademarks.

Read more: http://bigstory.ap.org/article/1a7a1ea7196e44199fae0ea2c13c4786/redskins-canceling-trademark-violates-free-speech-rights

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[groundloop]

1. Oh for crying out loud - fuck the free speech argument already

EVERYTHING that right wingers disagree with violates their free speech rights.

[davidpdx]

2. It makes you wonder just how long the organization is going to continue to ignore the

obvious fact that the name needs to be changed.

[muriel_volestrangler]

3. A canceled trademark doesn't stop your speech - it allows everyone to use it

Trademarks are special protection. Cancelling it just removed that protection, and makes the 'speech' the same as normal speech.

[geek tragedy]

4. trademarks are an actual restriction on free speech; the refusal to grant

trademark protection for a racist name is not a violation of free speech.

derp

[Android3.14]

5. Running out the clock

In order to sell more t-shirts.

[lancer78]

6. Even though I hate the name

It seems the government is using a back door way to force the team to change it's name.

[olddots]

7. how about The Washington Goys

or the Washington Jock Straps ?.....?????? what fools this is the 21st. Century they should grow up and come up with a name that doesn't offend the people that got their country stolen from them.

The rest of the world seems to come up with names for sports teams that aren't offensive why can'we ?

[Fuddnik]

8. They should name the team after a DC native species.

The North American Polecat comes to mind.

[niyad]

10. wouldn't that be an insult to polecats?

[niyad]

9. hey, team, how about changing the name just because it is the correct thing to do?

[Archae]

11. Just like 50+ years ago...

The Washington Redskins were the last NFL team to allow blacks to play on their team.

Stubborn, racist and to top it off, losers.

[jmowreader]

12. Problem is...

as bad as that team sucks, wouldn't ANY name be disparaging to someone? I like Keith's "Washington Redacteds" nickname. The "Washington Presidents" would be cool - other towns have team names or colors that unify all the sports teams in town, like Bears and Bulls in Chicago or the team colors Seattle uses.

[Jack Rabbit]

13. Let me see, what are his lawyers saying on Dan Snyder's behalf . . .

We, the Washington NFL franchise, get to use a racial slur as a nickname because it is protected free speech and covered by the first amendment.

But, Mr. Snyder, would some offended person stand up and say that he has the right to urge Americans of good will everywhere to boycott the Washington NFL franchise into bankruptcy?

[Angleae]

14. Where does this end?

Is the patent office going to strip all trademarks that are offensive or are they going to say that certain groups offense is allowed and others are not. If this is allowed to stand be prepared for a rash of trademark challenges by groups that are "offended", not just NFL teams or even sports teams, but all trademarks.