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Washington Redskin's Trademark Issue

Discussion in 'Copyright, Trademark, Patent Law' started by johnmakell, Oct 5, 2016.

  1. johnmakell

    johnmakell Law Topic Starter New Member

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    Jurisdiction:
    D.C.
    The Washington Redskins have been unsuccessful in keeping their trademark protection because of alleged racial insensitivity. An article on the internet had the picture of their logo, and said people can sell shirts now with that logo and that there was nothing the Redskins can do about it. Isn't it trademark protection that protects their colors as well? So can't someone produce a product that not only features the logo, but also the same shades of burgundy and gold as the Redskin's team, and still be safe? If so, if the Redskins later get back their trademark protection, are they able to sue, retroactive to the period when they didn't have the protection, or will the protection just prevent further use of their logo and colors by others?
     
  2. army judge

    army judge Super Moderator

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    If you believe alligators are in the swamp, or tigers lurk in a nearby the forest, wouldn't it behoove you not to venture forth where potential danger lurks?

    An ounce of prevention IS worth a pound of cure.
     
  3. ElleMD

    ElleMD Well-Known Member

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    Personally, I wouldn't do a thing until the appeals court and SCOTUS get through with it.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    You either didn't read, or didn't comprehend, what was happening. The team lost their trademark "registration" and any "federal" protection that comes along with "registration."

    The team can still use the trademark and likely can successfully sue for infringement in common law on a state level.
     

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