Washington’s NFL team have struck upon a, shall we say, novel tactic in their effort to preserve the team’s trademark registrations – by filing a laundry list of companies whose obscene or offensive names have been upheld by the US Patent Office.
The team believes they’re being unfairly punished after a federal judge in July ordered the cancellation of its federal trademark registrations, after upholding the earlier verdict that the Redskins name was “likely to disparage” Native Americans.
But so keen is owner Dan Snyder to preserve his team’s trademarks, he’s gone all out to show that offensive names abound and his team are being singled out. “The PTO has registered hundreds if not thousands of marks that the team believes are racist, or misogynistic, vulgar, or otherwise offensive,” the team wrote in their opening brief on Friday.
It continued: “By way of example only, the following marks are registered today: Take Yo Panties Off clothing; Dangerous Negro shirts; SlutSeeker dating services; Dago Swagg clothing; Dumb Blonde beer; Twatty Girl cartoons; Baked By A Negro bakery goods; Big Titty Blend coffee; Retardipedia website; Midget-Man condoms and inflatable sex dolls; and Jizz underwear. These are not isolated instances. The government routinely registers pornographers’ marks: TeensDoPorn.com, MilfsDoPorn.com, Thug Porn, Ghetto Booty, and Bound Gangbangs are but a few.
“There is no rhyme or reason to the PTO’s approval of some marks and disapproval of others.”
Washington’s argument is twofold: that the government is being hypocritical by allowing trademark registrations for those companies but stripping the team of theirs. And regardless of how offensive a trademark’s name might be, the government is infringing on first amendment rights by ordering their cancellation.
“A ban on registering ‘disparaging’ trademarks unconstitutionally burdens speech based on content and viewpoint, just as would a ban on registering copyrights for ‘disparaging’ books,” Washington’s legal team wrote.
Maury Lane, a spokesman for the team, said: “Since 1870, over three million trademarks have been registered, and we have found none that have ever been cancelled for being disparaging. We believe that the government’s action tramples core principles of free speech and sets a dangerous precedent for other brands.”
“No one today thinks registration reflects government approval,” Washington wrote in the brief. “But if this court holds that it does, how will the government explain registrations like Marijuana For Sale, Capitalism Sucks Donkey Balls, Licensed Serial Killer, Yid Dish, Dirty Whooore Clothing Company, and Murder 4 Hire?”
The team is now on its third attempt in the past 18 months to save its trademark registrations.
Washington insists “our name represents a tradition, passion and heritage that honors Native Americans”, and team owner Dan Snyder has vowed that he will never change the team’s name.
