Redskins Appeal TTAB Ruling
On Thursday, August 14, 2014, the Washington Redskins filed a significantly-anticipated appeal within the U.S. District Court for that Eastern District of Virginia of the June Trademark Trial and Appeal Board decision which led to cancellation of six from the team’s federal trademark registrations that contains the term REDSKIN. As formerly reported in Re:Marks, the TTAB issued a divided ruling which mentioned the Redskin Registrations “must be cancelled simply because they were disparaging to Indigenous Peoples during the time of registration,” in breach of Section 2(a) from the Trademark Act, which prohibits the registration of trademarks that disparage persons or drive them into contempt or disrepute.
They seeks to challenge the TTAB ruling for the reason it disregarded federal situation law and also the weight from the evidence presented throughout the TTAB proceeding. Furthermore, they seeks to challenge the TTAB decision on constitutional grounds, namely, the decision impinges around the team’s right of freedom of speech which the ruling constitutes an unfair deprivation of valuable ip assets.
The TTAB’s decision to cancel the REDSKIN trademark registrations won’t be given effect throughout the pendency of appeal proceedings. Thus, for the moment, the REDSKINS-formative registrations remain intact around the U . s . States Patent and Trademark Office’s Principal Register.
They effectively appealed a previous TTAB decision cancelling exactly the same registrations at trouble in the present situation within an appeal in Federal court in 2003. As a result, they seems to become positive about its likelihood of success in the present appeal. However, they won in the last appeal based mainly on procedural grounds that won’t be accessible within this situation. Also significant is always that they has filed this appeal within the U.S. District Court for Eastern District of Virginia, better referred to as “rocket docket,” noted for its expeditious disposition of matters before it.