In Pro-Football, Inc. v. Blackhorse, U.S. District Judge Gerald Bruce Lee ruled in favor of five Native American individuals who are seeking cancellation of the trademark registrations of the Washington NFL Team.
In June 2014, the Trademark Trial and Appeal Board (TTAB) ruled in favor of plaintiff. The TTAB granted their petition to cancel six of the team’s trademark registrations that contain the term “redskin.” The TTAB found that the team’s trademarks were ineligible for registration under federal trademark law because they disparage Native Americans. In August 2014, the team filed suit in federal court in Alexandria, Virginia, to overturn the TTAB’s decision.
Today, Judge Lee granted summary judgment in favor of the Native Americans. Like the TTAB, Judge Lee found that the term “redskin” disparages Native Americans and, as a result, the U.S. Patent and Trademark Office should never have registered the team’s trademarks. Judge Lee also rejected the team’s argument that cancellation of its trademark registrations would violate the First Amendment.
The Native American individuals who initially petitioned the TTAB in 2006 are Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan and Courtney Tsotigh.