The Trademark Trial and Appeal Board (TTAB) has decided to cancel six federal trademark registrations that include the term “********.” The ruling was made in relation to the longstanding use of the mark by the National Football League’s Washington ********. It was deemed that the use of “********” by the NFL is disparaging of Native Americans, and thus the federally registered mark was effectively cancelled as of today. The implications of this ruling have been greatly exaggerated.
Today’s ruling will have “no effect at all on the team’s ownership of and right to use the ******** name and logo.” That was the only emphasized and underlined portion of a statement by Bob Raskopf, trademark attorney for the Washington ********, which was released after the TTAB decision was announced. The Washington D.C.-based NFL team intends to appeal the TTAB’s decision cancelling the federal trademark registrations. More importantly, the team has recognized that it continues to own and is able to protect its marks without the registrations in place. The organization is correct.
ESPN.com Sports Business reporter Darren Rovell wrote, “[w]ithout protection, any fan can produce and sell Washington ******** gear without having to pay the league or the team for royalties and wouldn’t be in violation of any law for doing so.” That is simply not true. The decision by the TTAB does not require the Washington D.C.-based NFL team to change its name, stop using the “********” marks and it does not mean that the organization loses all legal rights in the marks.