WASHINGTON — In a 2-1 ruling, the US Patent office has cancelled several trademarks of the Washington Redskins because the NFL team name is disparaging to Native Americans.
The case before the Trademark Trial and Appeal Board was filed by five Native Americans.
“I was blown away,” said Tink Tinker, part of the Osage Nation and a professor at Iliff School of Theology in Denver. “Surprised. Gratified.”
Tinker took part in a protest prior to the Broncos game against Washington last fall. He says it’s nice to know there are others who recognize their message.
“It’s not a term that honors Indian people in any way, shape or form,” Tinker said.
The decision is adding to growing outside pressure for the NFL and the team to change its name and, if upheld, it could also add financial implications across the league.
The decision by the Patent Office, wouldn’t take effect until after the team has a chance to appeal, which could take several years. If upheld, the Redskins would lose the ability to enforce it’s federal trademark protections, and that could lead to more counterfeit Redskins merchandise and apparel.
“Those are just some doors that I don’t think the NFL would like opened,” said Mac Clouse, a professor of finance at the University of Denver, Daniels College of Business.
The Redskins faced a similar decision by the Patent Office in 1999, but it was overturned on appeal in 2003 by a federal judge. On Wednesday team lawyer Bob Raskopf issued a statement saying, “We’ve seen this story before, and just like last time, today’s ruling will have no effect at all on the team’s ownership of and right to use the Redskins name and logo. We are confident we will prevail once again.”
But not everyone agrees that the courts will come to the same conclusion.
“Seems to be a lot more sentiment against the nickname today than there was quite a few years ago,” Clouse said.
Prior to the decision on Wednesday, the team and the NFL were already pressed by Congress to change the name. More and more players, including former Bronco Champ Bailey have also spoken out against the name.
“This time around it’s a lot of other voices who are joining us,” Tinker said. “I think that portends a significant change.”