Defend the use of the trademark washington redskins

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Reference no: EM132244446

Read the Article- A Manager's Dilemma: Putting It Into Practice Trademarks & Cultural Identity appears near the end of Chapter 11 on Intellectual Property.

Read A Manager's dilemma: Putting It Into Practice on page 322 of the textbook and post to the Course Discussion Board a not to exceed one [1] paragraph answer in Word format by not later than midnight on Sunday, November 25th and comment on at least three [3] of your classmates submissions by not later than midnight on Wednesday, November 28th.

Your recommendation to the owner of the Redskins of whether to defend the use of the trademark "Washington Redskins" and logos or to relinquish the trademark and rebrand the team?

What is the cost of the lawsuit, odds of prevailing and costs of rebranding?

____ Defend Trademark ____ Relinquish and Rebrand

Your reasons for your answer.

A Manager’s Dilemma: Putting It into Practice: Trademarks and Cultural Identity

Five Native Americans sought to cancel six Pro-Football, Inc. registered trademarks, including the marks “The Redskins,” “Washington Redskins,” and “Redskinettes.” The challenged marks are used for entertainment services involving professional football games and the cheerleaders at those games. The plaintiffs asserted that these marks violated section 2(a) of the Trademark Act of 1946, which prohibits the registration of marks that disparage persons or bring them into contempt or disrepute. Determining whether the trademarks are disparaging requires answering two questions. First, what is the meaning of the mark as it is used in connection with the goods and services identified in the application for registration? Second, is the meaning of the mark one that may disparage a group or bring them into contempt or disrepute? In answer to the first question, the Trademark Trial and Appeal Board (TTAB) determined that the term “Redskins,” when used in connection with professional football, means Native Americans. What evidence should the TTAB take into account to determine whether the marks, at the time they were registered, disparaged Native Americans? How is disparagement measured—by the American public, by all Native Americans, or by some other variable? Is the mark “Atlanta Braves” subject to attack on the same basis? The mark “Florida State Seminoles”? Should it matter that the Seminole tribe gave permission to Florida State University to use the name if other Native American tribes find it offensive? How should companies and the law balance cultural sensibilities and rights of free speech?

Reference no: EM132244446

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