Challenge to Redskins Name Reaches Supreme Court

The long-running dispute over the appropriateness of the "Redskins" name for the Washington D.C. NFL football franchise reached the Supreme Court today. Philip Mause, partner at Drinker Biddle & Reath in D.C., representing a group of Native Americans offended by the name, filed a petition for certiorari in the case titled Susan Harjo v. Pro-Football, Inc.

"This is a derogatory term for Indians that sticks out like an anomaly," said Mause today. "No other group still has to deal with this kind of a term being used" in such a public and widespread way.

The case began with a petition in 1992 to cancel the Redskins trademark under the Lanham Act, which bars trademarks that "disparage ... persons living or dead ... or bring them into contempt, or disrepute." The latest ruling by the U.S. Court of Appeals for the D.C. Circuit found that the claims were barred by the doctrine of laches, a defense that acts like a statute of limitations to protect defendants from being sued for long-ago violations of rights.

But Mause asserted that the doctrine does not apply, because the law explicitly allows cancellations of trademarks "at any time." He cites a 2001 ruling by the U.S. Court of Appeals for the 3rd Circuit in Marshak v. Treadwell, in which now-Justice Samuel Alito Jr. said trademark cancellation claims are not time-barred. "We hope that ruling will be of some help," said Mause. 

In a footnote in the brief, Mause also suggested that "the views of the United States may be helpful to the Court." Mause said the U.S. trademark office has sided with the Native Americans in the past, but the government has not spoken on whether the Supreme Court should take up the issue. Even without the government filing a brief, it is unlikely the Court will act on the petition before the end of this year, Mause indicated.

Robert Raskopf of Quinn Emanuel Urquhart Oliver & Hedges in New York, who represents Pro-Football Inc., the corporate name of the Redskins, could not be reached for comment late this afternoon.

Comments

[neilrr]

In our so called capital of all that is fair and just, in 2009 we are debating whether Redskins is a slur. I guarantee if they were the Washington Niggers the name would be changed!It's NOT OK to disparage Asians,homosexuals,blacks,Irish,Mexicans or any other ethnic group. Any sexual orientation but its IS OK to Slur and abuse Christians and Native Americans! Unless the supreme court recognizes this, it truly is a corrupt legal body and shame on America!