It will be interesting as well to see if the NFL takes up the side of Snider and the Redskins in this, protecting their corporate and property rights that have been attacked here.
I feel that the US government just got itself a HUGE civil lawsuit from the owners of the Washington Redskins. I'm not a patent attorney, but I feel sure that 'not hurting someone's feelings' aren't mentioned in the requirements for a trademark.
1504.01(e) Offensive Subject Matter
Design applications which disclose subject matter which could be deemed offensive to any race, religion, sex, ethnic group, or nationality, such as those which include caricatures or depictions, should be rejected as nonstatutory subject matter under 35 U.S.C. 171. See also MPEP § 608. Form paragraph 15.09 should be used.
15.10 Offensive Subject Matter
The disclosure, and therefore the claim in this application, is rejected as being offensive and therefore improper subject matter for design patent protection under 35 U.S.C. 171. Such subject matter does not meet the statutory requirements of 35 U.S.C. 171. Moreover, since 37 CFR 1.3 proscribes the presentation of papers which are lacking in decorum and courtesy, and this includes depictions of caricatures in the disclosure, drawings, and/or a claim which might reasonably be considered offensive, such subject matter as presented herein is deemed to be clearly contrary to 37CFR 1.3. See MPEP § 608.
What about teams names
The Braves and The Seminoles
Not my problem, so I'm moving on.
Actually, they kinda are:
and
What about teams names
The Braves and The Seminoles
What about teams names
The Braves and The Seminoles
There's one place I feel it will definitely go... to court, against the Obama Administration in the form of the US Patent Office.
Actually, they kinda are:
and
I see the word application in both those quotes.
This wasn't an application, it was an active patent.
Do you really think "the government" cares if they win or lose? They work with unlimited funds. They don't give a damn. They'll spend the team broke. And spend US broke in the process. And if the team wins punitive damages? We'll lose again. This is jack-boot control of private enterprise. It is scary.
You beat me to it. I saw the same thing.
I was wondering how they picked their target too. The 5 offended people probably aren't Seminole Indians. I can see why the Seminoles are safe from attack. The Braves may be their next target.
Actually, they kinda are:
and
Doubt it will go that far. They will lose in Federal Court... again. They didn't challenge the sitting President before in 2003.
Thanks for posting that. As I said, I'm not a patent attorney.
I do wonder though, if the law also gives them the power to do so retroactively? The statute you reference discusses rejection of an application, not the removal of existing protection granted under the law. That would be a good cause for action against the government, as arbitrary application of the law.
You may very well be correct. But I feel that given his history, the owner of the Redskins will fight this.
No, they do not have such power constitutionally. However, traditionally quite a lot of constitutional overreach centers around the patent office. The SCOTUS has effectively killed the framer's greatest gift to our country - the Public Domain.
I am sure there is a list, but I think they go after the richest first to set a precedent.
They say that they don't mind those. The Redskins is a problem because it focuses on the skin color; or so they say. They compare it to a team being called the Boston Whiteskins, or the Seattle Yellowskins, or the San Antonio Brownskins, or the Atlanta Blackskins. The problem with that comparison, is that those terms were never historically used to describe a people. And, there are historical records where Native Americans called themselves redskin in the past. It's just political correctness gone too far.
No matter what you do, someone will be pissed; in whatever you do, regardless of the topic.
Government run amok and forcing decisions where they have no business doing so. Find the moron who signed off on this and rake him or her over the coals. I can't understand why people don't trust the government... :lamo
How many people are offended by any number of college sports team names?