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Tuesday, August 26, 2003

more news from the world of sports 


ESPN Page 2's very own Tuesday Morning Quarterback, aka Gregg Easterbrook, links to a story in the Washington Post about the imminent demise of the team name "R*dsk*ns".

At issue is a 1946 law which prohibits the government from "registering a trademark that disparages any race, religion or other group." The plaintiffs argue that, since R*dsk*ns is an offensive term, this law should nullify Washington's trademark rights. Without trademark rights, anyone could print a Washington T-shirt or cap, and therefore the R*dsk*ns would lose all incentive for retaining this moniker because they wouldn't be the sole benefactor of the merchadising money.

The club is defending its name on multiple fronts:
[The teams] attorneys said yesterday that the "difficult relations" between Anglo-Americans and Native Americans were unfortunate. But, they argued, in the 21st century, the beloved hometown team has changed the connotation of the word "Redskins" to one that is "powerfully positive" -- associated more with touchdowns than tomahawks.

The owners' attorneys also argued that the Redskins' name is vitally important to the team's identity.

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Team attorneys attacked the Native Americans' case and the U.S. Patent and Trademark Office's decision on multiple fronts. Attorney Robert Raskopf, of the New York firm White & Case, told the judge that few Native Americans are fighting the trademark and that their challenges have come too late. Seven Native Americans filed the first complaint.

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"What is ridiculous is the claim that the Redskins' [trademark] ridicules anyone," Raskopf told the court. "Do some groups think that our famous football team's name is disparaging? Apparently. Fine. They're entitled to their opinion. . . . But it has to be a high level of Native Americans. It can't be 7, or 70, or even 1,000."

The team's attorney said that the trademark office did not use relevant information or scientific methods in making its decision and that canceling the trademark would violate the owners' right to free speech.


Easterbrook clarifies the difference between the Washingtons and the Kansas Cities:
Note that TMQ does not object to Chiefs or Braves as team names, since chief and brave are terms of respect. R*dsk*n is "offensive slang," according to the American Heritage Dictionary.
He also points out that this is basically an open and shut case, the United States Patent and Trademark Office has previously ruled against the NFL club, only a ruling on the clubs appeal, which expected to be handed down soon, delays the removal of this blight from the NFL.
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