On July 8, 2015, a federal judge upheld a Trademark Trial and Appeal Board (TTAB) decision, ordering the Washington Redskins to cancel their trademark registration. Good Morning Washington sat down with Finnegan attorney Mark Sommers to discuss the case and the impact of the ruling on the football franchise.
Sommers noted that the Lanham Act does not allow terms that are disparaging to be registered as trademarks. He also noted that the decision only impacts the Redskins’ right to register the mark, not to use the mark. The team still has common law rights of the mark and can continue selling merchandise and enforcing their rights against counterfeit products that use the mark. The Redskins will appeal the case to the Federal Circuit.
