Federal Judge Upholds Decision to Cancel Redskins Trademark Registrations
On July 8, 2015, the United States District Court for the Eastern District of Virginia dismissed the case of Pro-Football, Inc. v. Amanda Blackhorse et al. and upheld the decision of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board to cancel six of the Washington Redskins’ trademark registrations owned by Pro-Football Inc. (PFI). In reaching its decision, the court held that the marks consisted of matter that “may disparage” a substantial composite of Native Americans and bring them into contempt or disrepute under Section 2(a) of the Lanham Act. The key point emphasized by the court was that the decision in this case does not affect PFI’s ability to use its marks, only cancels the registration. In all likelihood this case will be appealed.
In a 70-page opinion, Judge Gerald Bruce Lee rejected PFI’s constitutional claims that the Lanham Act violates PFI’s First Amendment free speech and violates PFI’s Fifth Amendment rights because it does not provide notice as to which marks “may disparage” and deprives PFI of its property without due process. According to Judge Lee, Section 2(a) of the Lanham Act does not implicate the First Amendment, and the federal trademark program is government speech and exempt from First Amendment review. Further, Section 2(a) gives parties fair warning of what conduct is prohibited, does not authorize or encourage arbitrary or discriminatory enforcement. Finally, trademark registration is not properly considered under the Fifth Amendment Takings and Due Process Clauses. PFI also argued laches, but that claim was also dismissed.
In granting dismissal of the case on summary judgment in favor of the defendants, Amanda Blackhorse, et al., Judge Lee held that the evidence, which was voluminous and not disputed by the parties, was sufficient to demonstrate that there was no genuine issue of material fact as to whether the term “redskin” “may disparage” Native Americans.
