By Joseph Geisman of Ezra Brutkus Gubner LLP
In 2014, in a matter receiving substantial media attention, the Trademark Trial and Appeal Board (“TTAB”) determined that the term “Redskins” is disparaging of Native Americans when used in relation to professional football services, and that several federal registrations owned by Pro Football, Inc. (“Pro Football”) for trademarks that include the term “Redskins” must be canceled. The case was Blackhorse v. Pro Football, Inc., TTAB Cancellation No. 92046185, and the decision resolved a joint petition filed in the United States Patent and Trademark Office (“USPTO”) by five Native Americans seeking cancellation of six federal registrations. As explained in the USPTO’s Media Fact Sheet issued in connection with the decision, the TTAB’s decision “does not necessarily put an end to the larger dispute between the parties, as Pro Football, Inc. may seek review by a federal court” and “[t]he registrations will remain ‘on the federal register of marks’ and not be listed in the USPTO’s records as ‘cancelled’ until after any judicial review is completed.”
A party dissatisfied with a TTAB decision may wish to appeal to the U.S. Court of Appeals for the Federal Circuit, which will review the decision from which the appeal is taken on the record before the USPTO, or pursue a civil action in a United States District Cou...
