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Washington Redskins Trademarks Upheld on Laches
On May 15, 2009, the U.S. Court of Appeals for the District of Columbia (Appeals Court) issued its opinion in Pro Football Inc. v. Harjo, et al., upholding the Washington “Redskins” trademarks and upholding the most recent trial decision of its district court (District Court). The District Court held that the trademarks at issue should not be cancelled because the complaints are prohibited under the doctrine of laches (the common law rule of prohibiting a claim where an unjustifiable delay in bringing the claim has caused undue trial and economic prejudice to the person claiming the defense). While this was the second time the Appeals Court addressed the issue of laches in this dispute, it has yet to address the substantive issue of whether the trademarks were impermissibly disparaging to an ethnic group, and can still be cancelled under the Lanham Trademark Act, § 2, 15 U.S.C. § 1052(a) if a younger complainant comes forward.
Native American rights activists initially petitioned the United States Patent and Trademark Office to cancel the Washington “Redskins” trademarks in 1992. The team owner, Pro Football Inc., has been successful in establishing prejudice during the 8 year period between the youngest petitioner turning 18 and the bringing of the suit (the period of unjustifiable delay).
The President of the Morning Star Institute, a U.S. Native American rights organization, has stated that younger petitioners are ready to challenge the marks, so the issue of whether the trademarks are disparaging may be revisited.
For a copy of the opinion (May 15, 2009, D.C. U.S. Court of Appeals), visit:
http://shorl.com/kyprefykokyfi
For the relevant section of the Lanham Trademark Act, visit:
http://www.bitlaw.com/source/15usc/1052.html.
For addition information, visit: