By Bob Walsh
PACOVILLA Corrections blog
June 18, 2014
I wish I could say this is a gross exaggeration. It isn’t. Acting today the U. S. Patent and Trademark Office has invalidated the trademark of the Washington Redskins, based on a complaint by five allegedly aggrieved Native Americans. Assuming the appeal is unsuccessful this would mean that anybody could use the logo of the team for any reason without compensation, as the team would no longer own the logo and trademark.
This really is a big deal. What if the government decides that COLT or SMITH AND WESSON are “disparaging or offensive?” It could then invalidate their ownership of their own names, and conceivably other intellectual property. What if they decide that FORD (who did not take bailout money from the government) is somehow offensive to someone and that their trademark and logo are therefore invalid?
If the government decides who has a right to not be offended, and then takes actions that have economic effect against those people who are alleged to be offensive, where does the ball stop rolling? Swastikas. White sheets and hoods? Pentagrams? If this stands do you really think it will end here?
The Redskins trademark invalidation is stayed, pending appeal.
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