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Back to the Board: Is "REDSKINS" Disparaging or Not?

How many news reports have you seen or read about the REDSKINS case that say the football team "gets to keep using its mark"? Or doesn't "lose its mark"? Or some such nonsense. Of course, a TTAB cancellation proceeding was at the heart of the case, and the issue decided was registration of the marks, not use. [For a quick review of the Harjo rulings, see the recent TTABlog posting here].The district court, in Harjo I, reversed the TTAB's finding of disparagement, ruling that it was not supported by substantial evidence. The court alternatively reversed on the ground of laches. The subsequent district court and appellate court rulings dealt only with the laches issue, ultimately resulting in a ruling in favor of Pro-Football, Inc.But there is a "new" petition for cancellation filed in 2006 by six "new" Native American petitioners, seeking to knock out the same six REDSKINS registrations on the ground of disparagement under Section 2(a)...continue to full post

Full post as published by The TTABlog on May 20, 2009 (boomark / email).