Reference no: EM133557394

Question: Five Native Americans sought to cancel six Pro-Football, Inc. registered trademarks, including the marks "The Redskins," "Washington Redskins," and "Redskinettes."132 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 1946,133 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 dis parage 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?