I actually have wondered about exactly the same issue as Ross just raised, especially regarding sponsorship rights on merchandise. Newspaper reporters seem to assume that the merchandising rights would be lost, but I think it is not a certainty, although I am inclined to believe that federal courts might not recognize common law "rights" to prevent others from displaying the disparaging mark. I wish I were able to come to the national meeting (once again family obligations directly interfere); I would love to sit on a panel on this topic as I am a long-term fan of Washington's football team, and am publishing an article on Jesus-related marks that raises disparagement issues. In addition, although the city of Washington has long known that Dan Snyder has remarkably poor football judgment, he now has made it clear that he has poor business sense as well, euphemistically speaking.
Lee
Lee Burgunder
Cal Poly, SLO
----- Original Message -----
From: "Ross Petty" <[log in to unmask]>
To: [log in to unmask]
Sent: Wednesday, June 25, 2014 11:20:42 AM
Subject: Re: USPTO Cancels Redskins Trademark
I would love to see a panel on this. I understand that cancelling the trademark (which is only final when all the appeals are completed) would eliminate the advantages of federal registration, but the federal statute (Lanham Act) can also be used in federal court to protect common law trademarks. I can’t help wondering whether a creative argument could be made that cancelling registration at least for this reason should also eliminate federal common law enforcement rights leaving the team to enforce only in state courts. Might some state courts follow a similar “public policy” type of argument and also refuse to enforce state common law rights? A panel, if not this year, then perhaps next or after the appellate decision, could explore these issues and more.
Ross D. Petty
Professor of Marketing Law and Faculty Scholar
Babson College
Division of Accounting and Law
Babson Park, MA 02457 USA
781 239 5529
From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Gavin Clarkson
Sent: Wednesday, June 18, 2014 12:34 PM
To: [log in to unmask]
Subject: Re: USPTO Cancels Redskins Trademark
Is it too late to suggest a panel for Seattle? I might be able to get some additional speakers from the Seattle area who, in addition to myself, have been active on this issue for years (such as my friend Gyassi Ross who has appeared on ESPN to debate the issue)
On Jun 18, 2014 8:47 AM, "Delaurell, Roxane M" <[log in to unmask]<mailto:[log in to unmask]>> wrote:
FYI.
U.S. patent office cancels NFL Redskins trademark registration, says name is disparaging
http://www.washingtonpost.com/local/us-patent-office-cancels-redskins-trademark-registration-says-name-is-disparaging/2014/06/18/e7737bb8-f6ee-11e3-8aa9-dad2ec039789_story.html
Roxane
Roxane DeLaurell JD, LLM, PhD
Associate Professor
Accounting and Legal Studies
JC Long 313
School of Business
College of Charleston
Charleston, SC 29424
843.953.5358<tel:843.953.5358>
Department Assistant: Syndia Hill 843.953.7835<tel:843.953.7835>
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