NFL: 2014 Everyone Gets a Trophy in the Offseason

[James Arryn]

All for the name change if it's voluntary.But destroying people's property rights at the point of a gun is wrong.

You're advocating a return of native lands in accordance with original agreements?

[Prince of the North]

All for the name change if it's voluntary.

But destroying people's property rights at the point of a gun is wrong.

Actually, you have that exactly backwards. The Washington NFL team's trademark rights were being enforced at the end of a gun and now the entity that was providing that enforcement has ruled that it will stop doing so.

In reality, that other groups, most notably American Indian groups, may be able to begin marketing their own merchandise (pending appeal) that is the same as or very similar to the current/previously trademarked merchandise is a great strategy. It seems the only way they may prevail in getting Snyder to change the name is to hurt his bottom line. It's shame that this is what it's come to for him but, of course, he's brought it on himself (I'm assuming he will not win the appeal).

[sToNED_CAT]

US Patent office cancels trademark on Redskins. Fun times.

This is absurd. Redskins already won similar case in 2003. In 1990 they lost the trademark and in 2003 US district court reinstated it, when they appealed. I'm no lawyer, but how can executive agency overrule court decision in practically the same case?

[Prince of the North]

This is absurd. Redskins already won similar case in 2003. In 1990 they lost the trademark and in 2003 US district court reinstated it, when they appealed. I'm no lawyer, but how can executive agency overrule court decision in practically the same case?

Hmm, I didn't know that. yes, it will be interesting to see how that plays out. Because the trademark was revoked for being "derogatory". Did the court case determine it wasn't?

[Commodore]

Actually, you have that exactly backwards. The Washington NFL team's trademark rights were being protected at the end of a gun and now the entity that was providing that enforcement has ruled that it will stop doing so.

fixed

[Prince of the North]

fixed

Nope. Not fixed. And it's the same thing anyway.

[sToNED_CAT]

Hmm, I didn't know that. yes, it will be interesting to see how that plays out. Because the trademark was revoked for being "derogatory". Did the court case determine it wasn't?

Interesting legal analysis :

When it comes to showing that a trademark is disparaging,the plaintiffs must meet a two-part test: (1) the likely meaning of the mark and (2) if that meaning refers to an identifiable group, that the meaning is disparaging to a substantial composite of that group. Meeting the first part of this test is relatively simple from an evidence producing standpoint, as the the Trademark Trial and Appeal Board can only decipher the “likely meaning” of a trademark from dictionaries, encyclopedias and other reference materials. Thus, the Blackhorse plaintiffs will point to materials of this type from when each of the trademarks was granted to argue prong one of the two-part test.

Proving the second part of the two-part test, however, may prove to be more difficult for the Blackhorse plaintiffs. The reason this is difficult, is that the plaintiffs must show that a substantial composite of Native Americans–not in 2013, but from 1967-1990 when the trademarks were granted–found the trademarks disparaging.

http://www.forbes.com/sites/aliciajessop/2013/10/15/a-look-at-the-legal-fight-to-change-the-washington-redskins-name/

[Prince of the North]

Interesting legal analysis :

http://www.forbes.com/sites/aliciajessop/2013/10/15/a-look-at-the-legal-fight-to-change-the-washington-redskins-name/

That is interesting - thanks! The bolded is especially interesting because...I think they will win on that, as well. I don't know, but I think while something may have been more socially accepted it is/was still disparaging (think n-word).

[Jaime L]

The whole name change situation is too irritating for me to comment on right now.

But didja know a Cowboys fan got mauled in ADWD?

n the far North in the fifth book, readers are introduced to a giant named Wun Weg Wun Dar Wun, who goes by Wun Wun. That giant then brutally kills a man named Ser Patrek of King's Mountain, whose sigil is blue five-pointed star on a silver and white field.

Look closer and you can see the whole death as an analogy for Martin's NFL fandom. Say Wun Wun out loud and you'll get "one one," or as it's better known, the number 11. Phil Simms was number 11 when he played for the New York Giants in the 80s and 90s. Look, too, at the sigil of Ser Patrek, a silver and blue five-pointed star. That's the logo of the Dallas Cowboys, the Giants' rival.

Martin, a Giants fan, put this fight into the books after he lost a bet with a Cowboys-rooting friend named Patrick St. Dennis, he explained on NPR. "So I invented a character called Ser Patrek of King's Mountain and described his heraldry as looking somewhat like the heraldry of the Dallas Cowboys ... . And then I had him ripped apart by a giant." What a lucky friend.

[Prince of the North]

The whole name change situation is too irritating for me to comment on right now.

But didja know a Cowboys fan got mauled in ADWD?

Hey, I really do understand how many are attached to the name/mascot/tradition, etc. (as I said above, I went through it myself with my alma mater) but I also think it's time for it to change.

And, yes, I did know about this little bit of NFL rivalry making its way into ASoIaF. In fact, I was just explaining it to a friend yesterday :)

[Mlle. Zabzie]

Official policy statement from the USPTO: The United States Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board -

- an independent administrative tribunal within the USPTO -- has determined, based on the

evidentiary record in the proceeding before it and on applicable law, that the petitioners met their

burden to establish that the term “Redskins” was disparaging of Native Americans, when used in

relation to professional football services, at the times the various registrations involved in the

cancellation proceeding were issued. Thus, the federal registrations for the “Redskins”

trademarks involved in this proceeding must be canceled.

The decision to cancel the registrations means that, if not appealed or if affirmed following a

possible review by a federal court, the trademark owner (Pro Football, Inc.) will lose the legal

benefits conferred by federal registration. These benefits include the legal presumptions of

ownership and of nationwide scope of rights in these trademarks, as well as the ability to use the

federal registration [emoji768] symbol, and to record the registrations with the U.S. Customs and Border

Patrol Service to block importation of infringing or counterfeit foreign goods.

The decision does not, however, require the trademarks in the involved registrations to be

changed or no longer be used by Washington, D.C.’s pro football team. The Trademark Trial

and Appeal Board does not have jurisdiction in a cancellation proceeding to require that a party

cease use of a mark, but only to determine whether a mark may continue to be registered.

This decision can be reviewed by a federal court. The registrations will not appear in the

USPTO’s records as cancelled until after any judicial review is completed.

[Jaime L]

Hey, I really do understand how many are attached to the name/mascot/tradition, etc. (as I said above, I went through it myself with my alma mater) but I also think it's time for it to change.

Oh, agreed. I mean I grew up loving a team called the Redskins. There's a lot of memories and legacy tied up with that name to the point that it won't be quite the same rooting for a team with a different name. But at this point keeping the name is doing more harm than good on several fronts. And Snyder's petulant toddler routine is making things worse.

Hate so much that 98% of all stories about the team are focused on the name controversy instead of the genuinely intriguing, potentially explosive offense that is hopefully learning to gel this offseason....

[Prince of the North]

Official policy statement from the USPTO: The United States Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board -

- an independent administrative tribunal within the USPTO -- has determined, based on the

evidentiary record in the proceeding before it and on applicable law, that the petitioners met their

burden to establish that the term “Redskins” was disparaging of Native Americans, when used in

relation to professional football services, at the times the various registrations involved in the

cancellation proceeding were issued. Thus, the federal registrations for the “Redskins”

trademarks involved in this proceeding must be canceled.

The decision to cancel the registrations means that, if not appealed or if affirmed following a

possible review by a federal court, the trademark owner (Pro Football, Inc.) will lose the legal

benefits conferred by federal registration. These benefits include the legal presumptions of

ownership and of nationwide scope of rights in these trademarks, as well as the ability to use the

federal registration [emoji768] symbol, and to record the registrations with the U.S. Customs and Border

Patrol Service to block importation of infringing or counterfeit foreign goods.

The decision does not, however, require the trademarks in the involved registrations to be

changed or no longer be used by Washington, D.C.’s pro football team. The Trademark Trial

and Appeal Board does not have jurisdiction in a cancellation proceeding to require that a party

cease use of a mark, but only to determine whether a mark may continue to be registered.

This decision can be reviewed by a federal court. The registrations will not appear in the

USPTO’s records as cancelled until after any judicial review is completed.

Ah, thanks Zabzie. So, it looks like the two aspects of "derogatory" were already established but, of course, it can be reviewed by a federal court. I stand by my contention that it's an absolutely brilliant and, indeed, appropriate strategy.

Oh, agreed. I mean I grew up loving a team called the Redskins. There's a lot of memories and legacy tied up with that name to the point that it won't be quite the same rooting for a team with a different name. But at this point keeping the name is doing more harm than good on several fronts. And Snyder's petulant toddler routine is making things worse.

Hate so much that 98% of all stories about the team are focused on the name controversy instead of the genuinely intriguing, potentially explosive offense that is hopefully learning to gel this offseason....

Heh, you just summed up my feelings on the UND Fighting Sioux very well and I completely agree with you on just getting back to NFL football. I miss actual NFL football! :(

[Rhom]

The whole name change situation is too irritating for me to comment on right now.

But didja know a Cowboys fan got mauled in ADWD?

Yeah, that's Pat... From Pat's Fantasy Hotlist. Posts around here doesn't he? I thought I remembered seeing him post about being excited to see himself get killed on screen.

Sorry, I thought everyone around here knew that. :dunno:

[Rhom]

Interesting legal analysis :

http://www.forbes.com/sites/aliciajessop/2013/10/15/a-look-at-the-legal-fight-to-change-the-washington-redskins-name/

That article was written back in October of 2013 when the case was first brought to the patent review board. So presumably, if they have ruled in their favor; they have already met that second prong haven't they?

[sToNED_CAT]

That article was written back in October of 2013 when the case was first brought to the patent review board. So presumably, if they have ruled in their favor; they have already met that second prong haven't they?

No they must convince the court, not just Trademark Office.

[Trebla]

There's another NFL reference in ADwD. In a Tyrion chapter, he reads about a patriot named Belicho being eaten by giants. :p

[James Arryn]

There's another NFL reference in ADwD. In a Tyrion chapter, he reads about a patriot named Belicho being eaten by giants. :p

...after going undefeated.

[balefired-ed]

There's been a rumor going around the past few days about Josh Gordon.

Rumor says that he was out of the country when the NFL called him for testing, he wasn't able to make it back, and so missed the test. After getting back, he submitted to a hair test to try and prove he was clean.

It is just a rumor, but I'm hearing it from people who have been fairly reliable. Not 100% on the nose always right reliable, but these guys don't just make stuff up, so take it for what it is worth.

[Prince of the North]

There's been a rumor going around the past few days about Josh Gordon.

Rumor says that he was out of the country when the NFL called him for testing, he wasn't able to make it back, and so missed the test. After getting back, he submitted to a hair test to try and prove he was clean.

It is just a rumor, but I'm hearing it from people who have been fairly reliable. Not 100% on the nose always right reliable, but these guys don't just make stuff up, so take it for what it is worth.

Well, I hope this is all true simply because I would like it if Gordon played (I'm not necessarily a Browns fan but I am an NFL fan). But I fear the best case scenario would still involve a substantial suspension since he already served a suspension last season. He's a great talent. He even played a large part in me successfully defending my title in my main fantasy league last season so I have a soft spot for him :D