The Redskins franchise has, for some time, been embroiled in a two-pronged battle to defend its name, both legally and in the public eye. The term “redskin” has been deemed offensive to Native Americans by many, even though the Washington football team has explained that the name is meant to honor Native Americans, rather than disparage them. Regardless of the Redskins’ insistence that the team’s name represents a positive portrayal of Native Americans, backlash against it has persisted and the organization hasn’t fared much better in courtrooms.
On July, 8, 2015, a federal judge ruled to cancel the team’s trademark registration, because the Redskins name was deemed offensive to Native Americans. The legal reasoning for the cancelation all goes back to the Lanham Act, which is the main federal trademark statute of law in the United States. The section of the Lanham Act pertaining to trademark registration cancelations and rejections, §1052, was used in the attempt to cancel the Redskins trademark.
What the Lanham Act has to say about disparaging trademarks
This section of the act notes that any trademark that “comprises immoral, deceptive, or scandalous matter” or “may disparage” certain individuals may be refused registration. This isn’t the only reason a trademark may be rejected, but it was good enough to lead a judge to cancel the Redskins’ trademark. The Washington football team is one of a number of sports organizations whose names reference Native Americans, and it remains to be seen whether “redskin” is the only one of those words deemed disparaging by the court.
It also isn’t the only reason a trademark registration may be refused. Sports teams’ and other organizations’ trademark registrations may be refused for a number of reasons. For example, if they contain the flag, coat of arms or any other insignia of the U.S., if they include the “name, portrait or signature” of any living person without his or her consent and if they consist of, or contain a mark that has already been registered.
Crypto Investor Protection: SEC and CFTC Enforcement Trends
Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]
New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters
A Settled Regulatory Environment Enables Confident Capital Planning New Jersey’s new manufacturing incentive program, Next New Jersey Manufacturing Program, enters 2026 with something uncommon in economic development these days: policy stability. The statute is enacted, New Jersey Economic Development Authority’s (“NJEDA”) rules are adopted, and the application portal is open. With the election outcome settled, […]
When done successfully, industry roll-up acquisitions can dramatically grow and strengthen your business. In this post, we break down what an industry roll-up is, why companies pursue it, and what makes it an effective (and sometimes risky) business strategy. What Is an Industry Roll-Up Acquisition? In an industry roll-up acquisition of companies, a buyer acquires multiple companies […]
Genesis Mission: How the U.S. Government’s New AI Platform Will Reshape Corporate Innovation, Risk, and Competition
The federal government has launched one of the most ambitious scientific initiatives in decades, and it will redefine how companies develop technology, manage risk, and compete. The Genesis Mission, created by Executive Order and driven by the Department of Energy (“DOE”), is intended to accelerate scientific discovery through a national AI platform that links supercomputers, […]
Stablecoins and the GENIUS Act: How New Global Rules Are Reshaping Compliance
Stablecoins Leave the Grey Zone Stablecoins were supposed to be the “boring” part of crypto: digital dollars that just work. Yet for years they have lived in a regulatory no-man’s-land, classified one day as securities, the next as commodities, and sometimes as something regulators had not even named yet. That uncertainty is finally starting to […]
Don’t Overlook the Importance of Business License Management
If you operate a business without the proper license, you risk fines, insurance issues, reputational harm, and even business closure. Even innocent mistakes, like forgetting to renew a license, can have significant consequences, such as losing your lawsuit for payment of services that are unlicensed, which makes it imperative to have business license management procedures […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
