DC Football Trademark Ruling Won't Affect Merchandising

On July 8, 2015, a Virginia federal district judge upheld the Trademark Trial and Appeal Board’s (TTAB) decision to cancel the Washington Redskins’ trademark registration. The judge agreed with the TTAB, noting that a substantial number of Native American find the term “Redskins” to be disparaging. Corporate Counsel contacted Finnegan attorney Mark Sommers to find out what this decision means for the football franchise going forward.

Sommers noted that although the trademark registration has been canceled, the franchise has common law trademark rights, which are not affected by the decision. This means that the judgment does not prohibit the franchise from selling merchandise with the team name. Whether or not the franchise stops using the marks are a business decision that is beyond the purview of the district court’s jurisdiction. The franchise is expected to appeal the decision to the Federal Circuit.