I have no interest in sports. Never had any. I don’t care who wins the world soccer championship, or comes out on top during the football, hockey or baseball seasons, or which team wins the pennant or trophy. It’s not that I’m anti-sports. I am consummately indifferent. I guess I was born without a “sports” organ. When work colleagues asked me if I’d watched “the game” last night, my traditional response was: “When they schedule the Pittsburgh Pirates versus the Green Bay Packers, then I’ll take an interest.” That friendly retort usually drove home the idea that they shouldn’t invite me to join a football pool. I’m not likely, either, to go wild in the streets, trashing shops and burning cars and being maced by riot police, if the Lakers lose to the Chicago Cubs, the Oshkosh Bears, or the Winnipeg Penguins.
However, the recent decision of the U.S. Patent and Trademark Office to de-register the name of the Washington Redskins is a serious matter, fraught with dangers not only to trademarks and trademark owners, but to patents and patent holders, in addition to copyrights and copyright owners, as well. Theresa Vargas in her June 18th Washington Post article, “Federal Agency cancels Redskins trademark registration, says name is disparaging,” reported:
The United States Patent and Trademark Office has canceled the Washington Redskins trademark registration, calling the football team’s name “disparaging to Native Americans.”
The landmark case, which appeared before the Trademark Trial and Appeal Board, was filed on behalf of five Native Americans. It was the second time such a case was filed….
Federal trademark law does not permit registration of trademarks that “may disparage” individuals or groups or “bring them into contempt or disrepute.” The ruling pertains to six different trademarks associated with the team, each containing the word “Redskin.”
Commercially, what the ruling means is that while the team’s owners won’t be forced to change the team’s name to something more saccharine (or politically correct, e.g., “The Big Hulking Guys Who Chase Obloids”), it has lost the right to control the usage of the team’s name in its logos and merchandising endeavors. That is, the name is up for grabs to whoever wants to sell T-shirts, mugs, glasses and apparel under that name. The team’s owners would not be able to even license the team name to other parties.