Supreme Court Won't Hear Challenge to Redskins Name

Without comment, the Supreme Court this morning denied review in Harjo v. Pro-Football Inc., a challenge brought by Native Americans who assert that the name of the Washington Redskins is offensive and should be denied trademark status.

The long-running dispute began in 1992 when Native American groups sought cancellation of the trademark under the provision of the Lanham Act that prohibits trademarks that disparage persons "living or dead." But the U.S. Court of Appeals for the D.C. Circuit ruled that the challenge was barred by the doctrine of laches, which acts as a statute of limitations to protect defendants from lawsuits over long-ago violations of rights.

As we reported here when the petition was filed in September, the Native American groups are represented by Philip Mause of Drinker Biddle & Reath, who said the Redskins name was "a derogatory term for Indians that sticks out like an anomaly." Social scientists filed amicus curiae briefs asserting that stereotypes and slurs are "particularly harmful" when used in connection with sports teams. 

Robert Raskopf of Quinn Emanuel Urquhart Oliver & Hedges, representing the team, said the team had spent millions of dollars to promote and protect its mark for 25 years before the trademark was challenged. He argued that laches was appropriate as a prohibition against the suit. Check back later for updates on this story.

UPDATE 1:05 p.m.: The Redskins' Raskopf said he was "extremely pleased" about the high court's action, which he said leaves standing both the appeals court ruling about laches and the district court determination that the Redskins name was not disparaging. A similar challenge, Blackhorse v. Pro-Football Inc., is pending before the Trademark Trial and Appeals Board, awaiting the outcome of the Harjo case, but for now, Raskopf is happy. "With the Redskins beating the Broncos Sunday, it's been a good pair of days." 

UPDATE 1:20 p.m.: Mause, who represented the Native Americans challenging the trademark, expressed disappointment at today's action, but said that now the Harjo case is over, the Blackhorse case (mentioned in the update above) will move forward. It raises similar issues, Mause said, but the Native American plaintiffs in Blackhorse challenged the Redskins mark soon after their 18th birthdays. That will significantly improve their chance to succeed on the laches issue, Mause said, adding with confidence, "Sooner or later, the Native Americans will win this."

Comments

[Hank Adams]

Until they change their names to the Washington Laches, I'm just gonna call them the F-----g R------s, or fNr's. Is that legal?

[Jack Marshall]

It is an absurd lawsuit.People do not name sports teams that fans cheer for after people or things that the community regards negatively. The Boston Irish LIKE Celtics. The Norwegian-Americans in Minnesota admire Vikings. The Redskins name has unfortunate historical connotations, but its history in football is 100% positive.
Like Braves and Indians, Redskins is a name that celebrates the character of Native Americans. These protests are simply political power plays by advocacy groups. Few are genuinely offended by sports team names. Those social scientists are quacks.

[Glorianna]

It's a disgrace that in this day and age the first people of this country can be used as mascots and brands identified by idiotic racist slurs like "Redskins."
Would a team called the "Honkies," "Wetbacks," "Darkies," "White Crackers," "Gooks," or "Sambos" be fine? I'm an African American from Cleveland and I cringe at the baseball team's logo and name. I can imagine how it would feel to have a grinning, bug-eyed, big-lipped stereotype of a black person plastered on ball caps and other fan gear. Who other than the people the stereotype targets has the right to say whether it's offensive? If they are suing because they are offended, it's offensive. Oh but, we can't change it now because the sports businesses have spent millions for too long perpetuating the stereotypes and raking in the bucks. Come on, USA, it's time to grow up! I hope the Native Americans will win this soon for their sake and the sake of our country.