June 19, 2014
Forbes
On June 18, the U.S. Patent and Trademark Office ruled that the Washington Redskins will no longer have the right to trademark their name, saying that the name is “disparaging” to Native Americans. The Redskins are not required to change their name, but will no longer have ownership of it under trademark law. While football team says it will appeal the decision, most point out that the business ramifications could be minimal.
The Redskins name dates back to 1933 and experts say that this decision will have minimal business ramifications. “They didn’t surrender their common law trademark rights,” says Finnegan partner Mark Sommers, a trademark attorney who believes the Redskins will have a strong common law case. “Think of a common law marriage, where long term couples are still subject to alimony and other legalities even if they never legally married. With product names and logos, common law is largely rooted in consumer protection, the idea being that ‘you don’t want the public to be confused as to the origin of the name’.”
Media Mention
Women in Business Law Americas Awards 2024: Three Finnegan Attorneys Shortlisted
April 7, 2024
Press Release
Finnegan and BMW Group Successfully Demolish Non-Practicing Entity NorthStar’s Efforts
April 3, 2024
Award/Ranking
Managing IP Americas Awards 2024: Finnegan Shortlisted for Nine Awards, Including Firm of the Year
March 12, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.