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Trademark board rules against Redskins name

Discussion in 'Too Hot for Swamp Gas' started by dadx4, Jun 18, 2014.

  1. shelbygt350
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    shelbygt350 Well-Known Member

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    So by removing trademark, does that mean that others can now us that same offensive name without recourse by the football team of same name?

    So can businesses start making stuff, like tee shirts, hats, etc with "Redskin" logo without compensation or permission from football team?

    Hmmm.
  2. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    The actual helmet logo wasnt one of the trademarks in question, so a definite no on that. I would assume the 6 trademarks are just stuff with with the word "Redskins" on it. With those, you could try, but you could still be sued by the team or NFL in state courts under common law. Honestly they could probably just change their name to Warriors, keep most of the logos as they are that dont include the name, so the helmet and uniforms would remain mostly unchanged and nearly everyone would be happy.
  3. shelbygt350
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    shelbygt350 Well-Known Member

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    I know little about trademarks. Thanks.

    Wasn't Marquette the Warriors? Now what are they? The Marquette Manuals?
  4. MichiGator2002
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    MichiGator2002 VIP Member

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    Only circumstance I think would result in a name change would be if Snyder takes some bribe from the league to be the team that goes to LA or even London. New city, new name, no big political win for anyone and Snyder rakes in cash. And the schadenfreude that comes from it being sorta Harry Reid's and Maria Cantwell's and other Beltway Democrats fault DC has no team :)
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  5. GatorBen
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    GatorBen Well-Known Member

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    Well, well, well.

    The Daily Caller, lets just say, has their "didn't come up on anyone's offense radar" statement wrong.

    Let's look at the actual status:

    "Figgas over Niggas" currently has not had final action taken, but PTO has sent official notice of an intent to refuse to register the trademark because "The proposed mark is disparaging".

    "Registration is refused because the applied-for mark consists of or includes matter which may disparage or bring into contempt or disrepute persons, institutions, beliefs, or national symbols. Trademark Act Section 2(a), 15 U.S.C. §1052(a); see In re Tam,108 USPQ2d 1305, 1309 (TTAB 2013); In re Lebanese Arak Corp., 94 USPQ2d 1215, 1217 (TTAB 2010);TMEP §§1203.03, 1203.03(b). . . . The attached evidence shows the meaning of 'NIGGAS' to be 'an ethnic slur' that is 'extremely offensive,' and is used as a disparaging term for a Black person. The word is disparaging and brings into contempt or disrepute African American people."

    http://tsdr.uspto.gov/documentviewer?caseId=sn86093498&docId=OOA20140206155604#docIndex=0&page=1

    "Kraut Kap" was only assigned to an examiner at PTO 9 days ago, with the only action noted being two notations to file indicating that the examiner attempted to contact the registrant's representative. It's new enough of a filing that PTO hasn't done anything with it.

    "Dago Swagg" is currently registered.

    "Cracka Azz Skateboards" currently has a final refusal to register. The PTO previously noticed an intent to refuse registration on the basis that "the mark consists of or includes scandalous matter." The PTO examiner noted that "The Urban Dictionary defines 'cracka' as 'A term used to insult white people. Has become more popular recently as the opposite of nigger.' See the attached definition. The website InternetSlang.com defines 'cracka' as 'offensive term for a white person.' See the attached definition. See also the attached definition from Wikipedia for 'Cracker,' which defines the term as 'a derogatory term for white people, especially poor rural whites in the Southern United States,' and an attached definition from the Merriam-Webster Dictionary that defines 'cracker' as, inter alia, 'usually disparaging: a poor usually Southern white.' See the attached definitions. Therefore, the word 'cracka' is a derogatory term that a substantial composite of the general public would consider to be scandalous in the context of contemporary attitudes and the relevant marketplace." The applicant filed a response, and at this time the PTO has issued a final denial of registration on the separate basis that the applicant failed to provide a verified specimen showing that they are actually using the mark in commerce.

    http://tsdr.uspto.gov/documentviewer?caseId=sn85927818&docId=OOA20130829111710#docIndex=16&page=1
    http://tsdr.uspto.gov/documentviewer?caseId=sn85927818&docId=OOA20140608180101#docIndex=0&page=1
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  6. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    Marquette's teams have had a ton of nicknames including, the Hilltoppers, Warriors and Golden Avalance.
  7. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    Don't you get it, "the left" hasnt shown enough outrage. That's the daily caller's own BS metric.
  8. shelbygt350
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    shelbygt350 Well-Known Member

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    Marquette Manuals was play on words of former UF DB Marquand Manual.
  9. WESGATORS
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    WESGATORS Moderator

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    Nevermind what the existing laws are. Is it crazy to think that the USPTO shouldn't be engaged in the moral aspect of what should and should not be protected? Why not just task them to deal with the functional component? Saying someone has exclusive rights to something just means that other people can't produce the same thing. I don't see how this accomplishes anybody's goal. Allowing more people to produce "Redskins" gear doesn't put less of the product in circulation, does it?

    Go GATORS!
    ,WESGATORS
  10. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    I'd say if you apply for federal protection, shouldnt they make some sort of judgment (especially if compeled by congress to do so via law)? Denying a trademark has never been about stopping all circulation. Copyright doesnt stop 100% of people playing music in their business without license either.
  11. g8orbill
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    g8orbill Gators VIP Member

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    this ruling will have no affect for now on the use of the Skins Trademarks as it is or shortly will be under appeal
  12. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    Might have no affect, but will it have an effect? I'm not trying to be smart, I screw this up all the time. My joke may even been incorrect for all I know.
    Last edited: Jun 20, 2014
  13. WESGATORS
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    WESGATORS Moderator

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    I would agree, that's why I'm not clear on what the goal is here. What is the plaintiff hoping to get out of this?

    Go GATORS!
    ,WESGATORS
  14. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    Probably the same thing as the guy who won the recent SCOTUS ruling about public employees & whistleblowing. He didnt get any money or his job back, just vindication.
  15. OklahomaGator
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    Could he change the name to white skins?
  16. g8orbill
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    g8orbill Gators VIP Member

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    you are correct


    af·fect

    1 [v. uh-fekt; n. af-ekt] Show IPA
    verb (used with object)
    1.
    to act on; produce an effect or change in: Cold weather affected the crops.
    2.
    to impress the mind or move the feelings of: The music affected him deeply.
    3.
    (of pain, disease, etc.) to attack or lay hold of.

    noun
    4.
    Psychology . feeling or emotion.
    5.
    Psychiatry. an expressed or observed emotional response: Restricted, flat, or blunted affect may be asymptom of mental illness, especially schizophrenia.
    6.
    Obsolete , affection; passion; sensation; inclination; inward disposition or feeling.

    ......

    ef·fect
    iˈfekt/
    noun
    1. 1.
      a change that is a result or consequence of an action or other cause.
      "the lethal effects of hard drugs"
      synonyms:result, consequence, upshot, outcome, repercussions, ramifications;More










    2. 2.
      the lighting, sound, or scenery used in a play, movie, or broadcast.
      "the production relied too much on spectacular effects"


    verb
    1. 1.
      cause (something) to happen; bring about.
      "nature always effected a cure"
      synonyms:achieve, accomplish, carry out, realize, manage, bring off, execute,conduct, engineer, perform, do, perpetrate, discharge, complete,consummate; More
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  17. persegator
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    persegator Active Member

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    It's kind of humorous to see The Urban Dictionary being referenced in an official government capacity, considering the sorts of 'definitions' found on that website.

    All in all, I'm surprised at how in depth the responses are to those applications. I would have suspected summary rejection. Though I'd imagine that the PTO has gone ahead and made rejection templates for all of the common disparaging terms, so it probably doesn't take too much additional effort at this point.
  18. rivergator
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    rivergator Well-Known Member

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    the silly cries of tyranny aimed at the ignorant.
    the facts:

    http://www.politifact.com/punditfac...imbaugh-reaches-claim-obama-blame-washington/

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