January 22, 2018 Practice Points

Fourth Circuit Reinstates Redskins Trademark

The Fourth Circuit has reinstated the Washington Redskins' trademark, which had been canceled by the Trademark Trial and Appeal Board as offensive to American Indians, which decision had been affirmed by the district court.

By Sanford Hausler

The Fourth Circuit has reinstated the Washington Redskins’ trademark, which had been canceled by the Trademark Trial and Appeal Board as offensive to American Indians, which decision had been affirmed by the district court.  The Fourth Circuit’s decision was made without oral argument, based on the Supreme Court’s decision in Matal v. Tam, 137 S. Ct. 1744 (2017), in which the Court held that a music group called the Slants was entitled to register their trademark even though it was found by the Patent and Trademark Office to be offensive.

 

Sanford Hausler is of counsel with Cox Padmore Skolnik & Shakarchy LLP in New York, New York.


Copyright © 2018, American Bar Association. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer(s) of the author(s).