American Indians Fighting to Cancel Washington Redskins Trademark

2006-08-14
By

by Jim Kouri, CPP

Six American Indians filed a joint petition with the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office for cancellation of the Washington Redskins football organization (Pro-Football, Inc.) trademarked term “Redskins.”
   
A similar petition was filed in 1992 by a group of prominent Native American leaders. Both petitions call for the cancellation of the federal government’s registration of all related trademarks because their use is disparaging to Native Americans.

The petitions cite extensive evidence concerning the history of the use of the term “Redskin” and public perception of the objectionable term. Both sets of petitioners are represented pro bono by the law firm of Drinker Biddle & Reath.

“This public act of allegiance by Native American youth with the efforts of their elders to combat intolerance is truly heroic and reflects a courageous willingness on the part of these young people to protect Native peoples from slurs and vulgarities,” said Suzan Shown Harjo (Cheyenne and Muscogee), lead petitioner in the original case and president of The Morning Star Institute, a non-profit American Indian advocacy group.
   
“The term ‘Redskins’ is an extraordinarily insensitive and derogatory term and one that should not be granted exclusive trademark licenses by the federal government,” Harjo said.

“In concert with our original purpose, this new, younger group of Native Americans hopes this legal action will convince the Washington team owners and others that disparaging terms should be consigned to museums and history books.”

The original petition was brought in 1992 by a group of Native Americans from across the country. In 1999, the TTAB canceled the “Redskins” registrations on the grounds that the term was disparaging.
   
But Pro-Football, Inc. appealed to the U.S. District Court for the District of Columbia, which in 2003 reversed the TTAB’s decision on disparagement.

Legal scholars believe that this case, and others that are similar and deal with professional sports teams, will eventually be decided by the US Supreme Court.

Jim Kouri, CPP is currently fifth vice-president of the National Association of Chiefs of Police and he’s a staff writer for the New Media Alliance (thenma.org). He’s former chief at a New York City housing project in Washington Heights nicknamed “Crack City” by reporters covering the drug war in the 1980s. In addition, he served as director of public safety at a New Jersey university and director of security for several major organizations.  He’s also served on the National Drug Task Force and trained police and security officers throughout the country.   Kouri writes for many police and security magazines including Chief of Police, Police Times, The Narc Officer and others. He’s a news writer for TheConservativeVoice.Com.  He’s also a columnist for AmericanDaily.Com, MensNewsDaily.Com, MichNews.Com, and he’s syndicated by AXcessNews.Com.   He’s appeared as on-air commentator for over 100 TV and radio news and talk shows including Oprah, McLaughlin Report, CNN Headline News, MTV, Fox News, etc.  His book Assume The Position is available at Amazon.Com. Kouri’s own website is located at http://jimkouri.us
   

4 views

  • mirevans

    The use of the term “Redskins” for any sports team–let alone the pro football team in our nation’s capital–is appalling and insulting to all Americans. The trademark protection should be dropped at once, and the team should find a name that does not constitute a racial slur.

  • mirevans

    The use of the term “Redskins” for any sports team–let alone the pro football team in our nation’s capital–is appalling and insulting to all Americans. The trademark protection should be dropped at once, and the team should find a name that does not constitute a racial slur.

  • Gus

    Does any team name itself with a nickname that implies weakness and lack of strength? Has anyone ever heard of a team nickname like “The whimps”?
    The answer to all but the hyper-sensitive is, “No.”
    This nonsense has had St John’s University change its name from “the Redmen” to the Red Storm and Hofstra to change its name from “The Flying Dutchmen” to “the Pride”.
    I don’t think that Cajuns are offended by Louisiana State being called “The Ragin’ Cajuns”, certainly not a term of condescension and weakness.
    Being Irish I am not moved to call the ACLU about Notre Dame being called “the Fighting Irish”
    About 75 or 100 years ago, the term “mick” used to desigante the immigrant Irish was grounds for a fight. Not now. It is over and so is the validity of the objection to the term “Redskins”.

  • Gus

    Does any team name itself with a nickname that implies weakness and lack of strength? Has anyone ever heard of a team nickname like “The whimps”?
    The answer to all but the hyper-sensitive is, “No.”
    This nonsense has had St John’s University change its name from “the Redmen” to the Red Storm and Hofstra to change its name from “The Flying Dutchmen” to “the Pride”.
    I don’t think that Cajuns are offended by Louisiana State being called “The Ragin’ Cajuns”, certainly not a term of condescension and weakness.
    Being Irish I am not moved to call the ACLU about Notre Dame being called “the Fighting Irish”
    About 75 or 100 years ago, the term “mick” used to desigante the immigrant Irish was grounds for a fight. Not now. It is over and so is the validity of the objection to the term “Redskins”.






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