If and when the Washington Redskins trademark dispute gets to the U.S. Supreme Court, it is not certain that the justices would uphold a ruling in June canceling the team’s marks as disparaging to Native Americans. A divided panel of three administrative law judges from the U.S. Patent and Trademark Office canceled six of the National Football League team’s trademarks. The majority concluded that the trademark registrations “must be canceled” because a substantial number of Native Americans saw the term “redskin” as offensive as long ago as 1967, when the first of the trademarks was issued.
“This racial designation based on skin color is disparaging to Native Americans,” wrote Administrative Trademark Judge Karen Kuhlke of the Trademark Trial and Appeal Board. She was joined by Peter Cataldo, while Marc Bergsman dissented.
