Washington Redskins name is safe. For now.
Image via Wikipedia
There was a big play in Harjo v. Pro-Football today. The Supreme Court has decided not to review the Native American lawsuit against the Washington Redskins football team, reports the Washington Post. That means a lower court’s decision will stand, dismissing the case because the Native American activists were too old when they first filed it.
The case spent seventeen years making its way through the courts, but no decision was made on whether the name “Redskins” is offensive, and thus not entitled to trademark protection.
That means there is another play to be made in this legal battle. When I wrote about the case for Washingtonian Magazine this summer, Drinker Biddle & Reath partner Philip Mause, who is representing the Native Americans, told me he has another petition regarding the Redskins name pending before the trademark board. It is led by Amanda Blackhorse of the Navajo Nation; Blackhorse and her co-petitioners were in their late teens and twenties when they filed their petition, so the courts won’t be able to dismiss the case based on the time elapsed/age issue.
Should the Blackhorse case make its way to the courts, judges would likely have to step in as referees to rule on whether the term “redskin” is disparaging. If the courts find that it is disparaging, the Redskins could keep their name, but it wouldn’t be trademarked, meaning anyone could sell sweaters and caps with the team’s logo.
The Redskins can do a touchdown dance today, but the game’s not over yet.
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[...] This post was mentioned on Twitter by Kashmir Hill and benjamin barnes, Tweets Tube. Tweets Tube said: Washington Redskins name is safe. For now. http://bit.ly/1BUvnD [...]
[...] http://trueslant.com/KashmirHill/2009/11/16/washington-redskins-name-is-safe-for-now/ [...]
I’m happy about this decision, there’s a rumor that Rush Limbaugh is investing in a team for Los Angeles and can’t decide between naming it the LA Wetbacks or the LA Nappy Headed Darkies.
[...] claims. In essence, they were too old before they claimed that the name bothered them. However, a new battle may be brewing, as is reported by True/Slant. It looks like a second petition has already been [...]