NFL Team Loses Very Valuable "Redskins" Trademarks

WASHINGTON - July 8, 2015 - PRLog -- WASHINGTON, D.C.  (July 8, 2015) - Federal judge Gerald Bruce Lee has just ordered the Patent and Trademark Office to cancel registration of the Washington Redskins' trademarks, ruling that the team name may be disparaging to Native Americans.

        This means that, although the team may continue to use the name and associated trademarks, it will be much harder for it to stop others from also using it, and thereby cutting into the team's revenue, says public interest law professor John Banzhaf.

        Banzhaf has been one of those leading the movement to change what many call - and some courts and agencies have ruled - is a racist offensive and derogatory term.

        Indeed, some call it the R-word, similar to the N-word referring to African Americans, which is never used by broadcasts nor publicly displayed.

        "Today's ruling may provide a 'perfect storm' which the racist word may not be able to weather," says Banzhaf.  He points to several other factors also weighting on the name.

        First, the Obama administration made it plain that it will not agree to allow the team to use federal land beneath Robert F. Kennedy Memorial Stadium unless the team's name is changed.

        Second, although one challenge  to the use of the word on the air was initially rebuffed by the FCC, it was handled under expedited procedures because it was not timely filed, and was only handled at the staff level - a level not authorized to make any new or controversial decisions.

        Thus the real possibility remains, says Banzhaf, that the FCC could force or at least pressure broadcasters not to use the word on the air - just as they have long avoided using other racist words like n*gg*r or sp*ck on the air.

        Third, the country is reacting very strongly to the display of the confederate battle flag - even to point of no longer selling it a national parks related to the Civil War -  although most people see it as a symbol of Southern pride and not offensive, so long as it is offensive to a small racial group - Blacks.

         Obviously, the same logic and sensitivity should apply to the word "Redskins," since it has been denounced as a racial slur by over 100 leading organizations of Native Americans, as well as by many civil rights organizations and the President himself.  Banzhaf says that some of this new sensitivity is likely to apply to the "Redskins" name.

        In short, the momentum to finally change the team’s name, just as the Washington Bullets successfully changed their name years ago, continues to build, says Banzhaf.

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH)
2000 H Street, NW
Washington, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/ @profbanzhaf