Federal Government to Teams: No Protection of Your Native Trademark

In Collective Bargaining in Sports and Entertainment, we inevitably talk about pro teams—e.g., Blackhawks, Braves, Indians … and many others. Last week, a federal judge issued a ruling that favors the U.S. government’s administrative ruling to deny trademark protection to the Redskins. What does it mean? The team can use the symbol and market its goods, but cannot sue bootleggers. The opinion said: “The evidence before the Court supports the legal conclusion that between 1967 and 1990, the Redskins Marks consisted of matter that ‘may disparage’ a substantial composite of Native Americans.”  Here is a great report of the fascinating decision, which also ties in to recent government actions to “take down” the Confederate flag. http://blogs.wsj.com/law/2015/07/08/judge-redskins-have-no-right-to-disparaging-trademark/