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Appeals court sides with Redskins over trademark
AP via Yahoo! News ^ | May 15, 2009 | By NEDRA PICKLER

Posted on 05/15/2009 10:08:46 AM PDT by Oldeconomybuyer

WASHINGTON – The Washington Redskins won another legal victory Friday in a 17-year fight with a group of American Indians who argue the football team's trademark is racially offensive.

The decision issued Friday by the U.S. Court of Appeals in Washington doesn't address the main question of racism at the center of the case. Instead, it upholds the lower court's decision in favor of the football team on a legal technicality.

The court agreed that the seven Native Americans waited too long to challenge the trademark first issued in 1967. They initially won — the U.S. Patent and Trademark Office panel canceled the trademarks in 1999 — but they've suffered a series of defeats in the federal courts since then.

U.S. District Judge Colleen Kollar-Kotelly overturned that decision in 2003 in part because the suit was filed decades after the first Redskins trademark was issued. The U.S. Court of Appeals then sent the case back to Kollar-Kotelly, noting that the youngest of the plaintiffs was only 1-year-old in 1967 and therefore could not have taken legal action at the time.

Kollar-Kotelly issued a new ruling last summer that rejected that argument. She wrote that the youngest plaintiff turned 18 in 1984 and therefore waited almost eight years after coming of age to join the lawsuit.

The judge did not address whether the Redskins name is offensive or racist.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Government; News/Current Events; US: District of Columbia
KEYWORDS: americanindians; hypersensitivity; indians; lawsuits; nativeamerican; nfl; racebaiting; redskins; trademarks; washingtonredskins
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To: AuntB

I always though “redskin” was right up there with “injun” definitely in the slur area. Of course there is no right not to be offended, people who don’t like the team’s name should root against them (really easy to do these days because they stink), boycott them, boycott the whole league if they want, but don’t make it a legal matter.


21 posted on 05/15/2009 10:27:24 AM PDT by razorboy
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To: Oldeconomybuyer

The one case where I agree with the litigants in these mascot wars is the Cleveland Indians symbol which is truly an offensive caricature.


22 posted on 05/15/2009 10:27:25 AM PDT by Borges
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To: 1rudeboy
The Red Wings are coming after that guy first.

Considering my boys are currently playing golf, I can't disagree. I do think the young Hawks can skate with Detroit, though.

Let's see if Osgood is really Osgreat.

23 posted on 05/15/2009 10:27:56 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: AuntB; Brookhaven

I’m 1/4 Cherokee and I’m not offended, either!

I think thin skinned is more appropriate for some... >:-}


24 posted on 05/15/2009 10:31:02 AM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: blackie

Yep!


25 posted on 05/15/2009 10:33:31 AM PDT by AuntB (The right to vote in America: Blacks 1870; Women 1920; Native Americans 1925; Foreigners 2008)
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To: Puppage

What’s a Hab??


26 posted on 05/15/2009 10:34:02 AM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: Oldeconomybuyer
Hail to the Redskins!!

As a person of Native American descent, on both sides of the family, I am NOT the least bit offended, in fact I love the Redskins.

27 posted on 05/15/2009 10:35:23 AM PDT by gidget7 (Duncan Hunter-Valley Forge Republican!)
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To: BGHater

BINGO!


28 posted on 05/15/2009 10:35:43 AM PDT by gidget7 (Duncan Hunter-Valley Forge Republican!)
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To: AuntB

I’m with you Aunt B


29 posted on 05/15/2009 10:37:13 AM PDT by gidget7 (Duncan Hunter-Valley Forge Republican!)
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To: Brookhaven

That’s funny, I’m part Cherokee and it doesn’t bother me. Like the Seminole tribe that indorsed FSU usage of the tribes name for it’s football team. They are proud of it.
I would be too.


30 posted on 05/15/2009 10:38:15 AM PDT by Robbin
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To: Brookhaven

A local high school has the name ‘redskins.’ I have wondered about someone yelling, “racism.” Then dump Native Americans completely. Change the logo to redskin on the necks of cowboys. Or change to a redskined reptile like snake or lizzard. “Indians” will be forgotten as nothing more than people in old westerns.


31 posted on 05/15/2009 10:39:07 AM PDT by eccentric (a.k.a. baldwidow)
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To: Mr. Mojo; Petronski; misterrob; big'ol_freeper; raccoonradio; warsaw44

I kind of like Chief Wahoo!

We were at Progressive Field in Cleveland (for the first time) in late April for the Boston Red Sox vs Cleveland Indians series. I was surprised that Chief Wahoo is still pretty prominent in the team stores as a mascot, but disappointed that he is not the ACTUAL mascot for the team. They had some strange pink or purple creature named "Slider", I think. Very minor league mascot, IMO. I assume they had to create Slider to downplay the un-PC Chief Wahoo.

32 posted on 05/15/2009 10:40:16 AM PDT by nutmeg (DemocRATs: The party of tax cheats and other assorted crooks)
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To: blackie
What’s a Hab??

The Montreal Canadiens. NHL hockey team

33 posted on 05/15/2009 10:45:53 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: Oldeconomybuyer
Look at the size of that center.


34 posted on 05/15/2009 10:46:30 AM PDT by Ditto
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To: nutmeg

As you may know, the team name has much to do with star player Louis Sockalexis, from the Penobscot tribe.


35 posted on 05/15/2009 10:46:41 AM PDT by nascarnation
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To: AbeKrieger

How about the White Jox?


36 posted on 05/15/2009 10:47:50 AM PDT by RexBeach ("Do your duty in all things." Robert E. Lee)
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To: nutmeg
but disappointed that he is not the ACTUAL mascot for the team.

Is the Chief's image still on the Indians' caps?

37 posted on 05/15/2009 10:48:15 AM PDT by Mr. Mojo
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To: Oldeconomybuyer
Congress shall make no law(s) respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
38 posted on 05/15/2009 10:48:53 AM PDT by Tzimisce (http://groups.myspace.com/nailthemessiah)
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To: Brookhaven
Offense is undeniably in the eye of the beholder. I do not think I have a right to substitute my judgment about whether or not you should be offended. You have a right to be offended if you want to. The question is, assuming you exercise your option to be offended, should I cede to you the right to invoke the power of the law to enforce your subjective feelings against me?

You have a right to be offended, but do I not have a right to offend?


39 posted on 05/15/2009 10:51:20 AM PDT by nathanbedford ("Attack, repeat attack!" Bull Halsey)
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To: Puppage

the Hawks have the best sweaters in hockey!


40 posted on 05/15/2009 10:52:29 AM PDT by rahbert
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