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The Football team Washington Redskins is a team of the National…
The Football team Washington Redskins is a team of the National Football League (NFL) that has used that name for seventy (70) years. Harjo is a Native American who is offended using the term “redskin,” which she says is offensive to Native Americans. She petitions the USPTO to cancel the Redskins mark.
In support, Harjo presents the testimony of its linguistics expert, Dr. Geoffrey Nunberg, regarding the usage of the word “redskin(s).” He contends that the primary denotation of “redskin(s)’ is Native American people: that, only with the addition of the word “Washington,” has “redskin(s)” acquired a secondary denotation in the sports world, denoting the NFL football club; that the
“offensive and disparaging qualities’ of “redskin(s)” arise from its connotation; and that these negative connotations pertain to the word “redskin(s)” in the context of the team’s name “Washington Redskins”. Regarding whether the negative connotation of “redskin(s)’ is inherently offensive and disparaging.
The NFL contends that the word “redskin(s)” has throughout history, been a purely denotative term, used interchangeably with “Indian.” It argues that “redskin(s)” is “an entirely neutral and ordinary term of reference” for the relevant time to the present; and that, as such, “redskin(s)” is [synonymous] with ethnic identifiers such as “American Indian,” “Indian,” and “Native American.” It also states that, through its long and extensive use of “Redskins” in connection with professional football, the word has developed a meaning, “separate and distinct form the core, ethnic meaning” of the word “redskin(s),” denoting the “Washington Redskins” football team; and that such use by respondent “has absolutely no negative effects on the word’s neutrality – and, indeed, serves to enhance the word’s already positive associations- as football is neither of questionable morality nor per se offensive to prohibited by American Indian religious or cultural practices”.
Petitioners conducted a survey of 301 people, which showed that 46.6% of all respondents and 36.6% of Native Americans found “redskin” offensive
Answer the 3 questions below and include references
1. Should the US Patent and Trademark Office (USPTO) cancel the trademark?
2. In June 2014, the USPTO cancelled the Washington Redskins trademark. Further to that, in July 2020, the team retired the name “Redskins” (Note: retired means that the team stopped using the name and logo for the NFL season of 2020). Please discuss the business implications for the team (especially regarding its profitable business of licensed merchandise).
3. The fictional semi-pro hockey team, Lethbridge Warriors (Alberta) is using the same logo as the NFL’s Redskins. Briefly discuss the managerial and legal implications for the football team (“Redskins”) and for the Warriors.
