“Redskins” Trademark To Supreme Court

The Washington Redskins football team has asked the Supreme Court to review a lawsuit that ended in cancellation of the team’s trademark – but only if it’s heard in concert with another trademark suit concerning an Oregon band, The Slants. In December, a federal appeals court ruled that trademarks could be cancelled under the Lanham Act if they were found to be disparaging. The trademark for “Redskins” was cancelled for being offensive to Native Americans. That ruling came after the USPTO rejected The Slant’s trademark request, saying the band’s name was disparaging to Asian Americans. The Redskins case is “an essential and invaluable complement to” The Slants’ case, lawyers for Washington wrote. Taking the two cases up together would allow the justices to consider the Lanham Act “in a wider range of circumstances,” and “resolve intertwined, equally important questions, and avoid a piecemeal review.”