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D.C. Circuit Affirms Laches Ruling Dismissing "REDSKINS" Cancellation

On May 15, 2009, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the ruling of the U.S. District Court for the District of Columbia that laches barred the attempt of Native American Mateo Romero to cancel six registrations for the mark REDSKINS (or variations thereof) owned by the Washington Redskins for football entertainment services. Pro-Football, Inc. v. Harjo, Appeal No. 03-7162 (D.C. Cir. May 15, 2009).Mateo RomeroThis long-running battle began in 1992, when seven Native Americans filed a petition for cancellation with the TTAB, asserting that the REDSKINS marks are disparaging under Section 2(a) of the Trademark Act. The Board granted the petition in 1999 in Harjo v. Pro-Football, Inc., 50 USPQ2d 1705 (TTAB 1999), finding that the marks "may be disparaging of Native Americans to a substantial composite of this group of people,? and ?may bring Native Americans into contempt or disrepute" in violation of Section 2(a)...continue to full post

Full post as published by The TTABlog on May 18, 2009 (boomark / email).