Supreme Court Derogatory Name Ruling Could Affect Redskins

WASHINGTON, DC — When the Supreme Court ruled Monday in favor of an Asian-American rock band regarding its name, saying the government can't refuse to register a trademark simply because some folks might find the name on the trademark offensive, it also may have heaved a Hail Mary touchdown pass to the Washington Redskins.

The Ashburn, Virginia-based team has its own legal case regarding its nickname, which many find offensive and an insult to Native Americans. But in Monday's case, the Supreme Court rebuffed a 2011 trademark ruling saying a band that called itself "The Slants," violated an act that prohibited trademarks for names that potentially disparaged others. (For more local news, click here to sign up for real-time news alerts. Also, like us on Facebook, and if you have an iPhone, click here to get the free Patch iPhone app.)

Writing for the majority, Justice Samuel Alito said the act violates free speech rights, saying it "offends a bedrock First Amendment principle, (that) speech may not be banned on the grounds that it expresses ideas that offend."

Which brings us to the Redskins — or, as some prefer to call them, Washington's professional football team. One doesn't need to parse words or grope for meaning when seeing how the court's opinion applies to the Redskins' name.

In 2013, during a federal trademark lawsuit that ultimately was lost, team owner Dan Snyder told USA Today, "We'll never change the name. It's that simple. NEVER — you can use caps."

Well, the name hasn't changed. But in 2014 the team's trademark registration was cancelled.

U.S. District Judge Gerald Bruce Lee upheld a ruling by the federal Trademark Trial and Appeal Board, which said the team’s brand is offensive to Native Americans and ineligible under the Lanham Act for status in the federal trademark registry.

In his 70-page ruling, Lee said the team could still use the Redskins name if it wishes, but it would lose legal protections provided by federal registration of the trademark. To see Lee’s ruling in full, click here.

But now? The Redskins' legal case would appear to have been given a substantial boost. Snyder, for one, certainly isn't bummed out regarding the decision. Ditto for Washington fans who love the name. For Washington fans who'd like a new nickname? No so much.

Consider this, from a trademark expert, as reported by the Washington Post: “It seems this decision will indeed open the floodgates to applications for all sorts of potentially offensive and hateful marks,” said Lisa Simpson, an intellectual property lawyer in New York, adding, “While this may be the right result under the First Amendment and the principles of free speech that are foundational to our country, it seems the responsibility will now pass to the public."

Image via Patch file