ThinkProgress explains the problems facing Washington’s owner Dan Snyder.
On Friday, the U.S. Department of Justice intervened in the legal battle over whether Washington’s football team should be able to trademark the name “Redskins”. Attorney General Eric Holder has described the name as “offensive”, but the Justice Department is only intervening “for the limited purpose of defending the constitutionality” of federal trademark laws. This follows the U.S. Patent and Trademark Office’s Trademark Trial and Appeals Board ruling in June that the use of “Redskins” was “disparaging to Native Americans” and thus violated Section 2(a) of the federal trademark law known as the Lanham Act.
The team responded to this ruling by suing Amanda Blackhorse, the Native American who brought the trademark challenge against the name, in District court. As part of its suit, the team argued that Section 2(a) of the Lanham Act is unconstitutional because it “effectively chills” First Amendment rights to free speech. The Justice Department is now intervening in the case to argue the constitutionality of the law.
Attorneys for the Native Americans challenging the name welcomed the government’s role, stating that “they are very pleased they are intervening on our side” and that “it will be a big help”. The next pretrial hearing in the case is set for January 15. In addition to the trademark issue, the team’s name has faced regulatory scrutiny from the Federal Communications Commission.
On Friday, the U.S. Department of Justice intervened in the ongoing court battle over the Washington football team’s use of the name “Redskins”. Attorney General Eric Holder has described the name as “offensive”, but the Justice Department is only intervening “for the limited purpose of defending the constitutionality” of federal trademark laws.
This follows the U.S. Patent and Trademark Office’s Trademark Trial and Appeals Board ruling in June that the use of “Redskins” was “disparaging to Native Americans” and thus violated Section 2(a) of the federal trademark law known as the Lanham Act. The team responded to this ruling by suing Amanda Blackhorse, the Native American who brought the trademark challenge against the name, in District court. In their suit, the team argued that Section 2(a) of the Lanham Act is unconstitutional because it “effectively chills” First Amendment rights to free speech. The Justice Department is now intervening in the case to defend the constitutionality of the law.
Attorneys for the Native Americans challenging the name welcomed the government’s role, expressing that “they are very pleased they are intervening on our side” and that “it will be a big help”. The next pretrial hearing in the case is scheduled for January 15. In addition to the trademark issue, the team’s name has faced regulatory scrutiny from the Federal Communications Commission.
