Washington, D.C. – The opinion in Blackhorse v. Pro Football, Inc., TTAB Cancellation No. 92046185, resolved the petition of five Native Americans who filed for the cancellation of six “Redskins” trademarks with the U.S. Patent and Trademark Office (“USPTO”).
Yesterday, in a 177-page opinion, the Trademark Trial and Appeal Board (“TTAB” or “Board”) canceled six trademark registrations belonging to The Washington Redskins. All of the trademark registrations included the term “Redskins.”
Trademark attorneys for the petitioners argued that the term “Redskins” was disparaging of Native Americans. Under 15 U.S.C. § 1052, registration of a mark may be denied if that mark “Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.”