In a truly bizarre move, the U.S. Patent Office has rescinded the trademarks issued for the Washington Redskins on the ground that the word redskins is disparaging language which is prohibited by law from getting a trademark. This is the kind of decision that only a liberal bureaucracy could make. If people want to pressure the owner of the Redskins to change the name, that's fine. If people want to boycott games or those who televise or advertise with the Redskins, that too is fine. There is, however, no need to get the government involved, especially in this way.
The trademark law does indeed prohibit the issuance of trademarks containing disparaging language. It is not something that is often used, however. Also, it is only relevant when the trademark is first approved. Language may change over time, but that does not invalidate the trademark. Think about that. The NAACP is the National Association for the Advancement of Colored People. Would anyone today use "colored people" in a name? My guess is that the trademark would not even be approved. But that name was registered almost a century ago. It does not need to be changed now. And how about the United Negro College Fund? They are the folks whose slogan is "a mind is a terrible thing to waste." No one uses the word "negro" anymore. Does the United Negro College Fund have to change its name? And what about the word "oriental"? It is not politically correct to use anymore; the word to be used now is Asian. Do all of the names with "oriental" have to change? The actual law does not require any of these names to be changed. A person or company that wants to protect a trademark has to use proper language when it applies for the mark. If things change over time, that trademark is not lost.
So what's next? Must the Cleveland Indians change their name too? After all, we are all supposed to say native Americans now. Maybe Cleveland can keep the team but it will have to change its logo to a picture of Nehru or Gandhi. And how about the Pittsburgh Pirates? Will we soon have complaints from folks who came to America from Somalia that this insults them? Will some southerners complain about the Yankees? Will PETA start actions to end the use of animal names for teams? Will short people complain about the Giants? The truth is that these are decisions to be made by the teams in question. People can urge them to take actions, but the government has no place in that process.
The trademark law does indeed prohibit the issuance of trademarks containing disparaging language. It is not something that is often used, however. Also, it is only relevant when the trademark is first approved. Language may change over time, but that does not invalidate the trademark. Think about that. The NAACP is the National Association for the Advancement of Colored People. Would anyone today use "colored people" in a name? My guess is that the trademark would not even be approved. But that name was registered almost a century ago. It does not need to be changed now. And how about the United Negro College Fund? They are the folks whose slogan is "a mind is a terrible thing to waste." No one uses the word "negro" anymore. Does the United Negro College Fund have to change its name? And what about the word "oriental"? It is not politically correct to use anymore; the word to be used now is Asian. Do all of the names with "oriental" have to change? The actual law does not require any of these names to be changed. A person or company that wants to protect a trademark has to use proper language when it applies for the mark. If things change over time, that trademark is not lost.
So what's next? Must the Cleveland Indians change their name too? After all, we are all supposed to say native Americans now. Maybe Cleveland can keep the team but it will have to change its logo to a picture of Nehru or Gandhi. And how about the Pittsburgh Pirates? Will we soon have complaints from folks who came to America from Somalia that this insults them? Will some southerners complain about the Yankees? Will PETA start actions to end the use of animal names for teams? Will short people complain about the Giants? The truth is that these are decisions to be made by the teams in question. People can urge them to take actions, but the government has no place in that process.
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