United States Patent & Trademark Office Cancels the Washington Redskins Trademark Registration … Says Football Team’s Name “Disparaging to Native Americans”

JUST CURIOUS, HOW WAS THE NAME “REDSKINS” CONSIDERED OK FOR 82 YEARS?

Don’t ask for things, you might just open Pandora’s box … The U.S. Patent and Trademark Office canceled the Washington Redskins’ trademark stating that Federal trademark law does not permit registration of trademarks that “may disparage” individuals or groups. However, the action does not prevent the NFL’s Washington Redskins from using the name, with no patent protection, the team could lose revenue from preventing others to produce and sell merchandise using the same name.

But of course it is only a coincidence that this issue has grown with the presence of a community agitator as president.

Washington Redskins

 The U.S. Patent and Trademark Office canceled the Washington Redskins’ trademark registration on Wednesday, a move that won’t force the NFL team to change its name but fuels the intense fight by opponents to eliminate what they view as a racial slur against Native Americans.

The 99-page decision by the Trademark Trial and Appeal Board said the team’s name and logo are disparaging. It dilutes the Redskins’ legal protection against infringement and hinders the team’s ability to block counterfeit merchandise from entering the country.

But its effect is largely symbolic. The ruling cannot stop the team from selling T-shirts, beer glasses and license-plate holders with the moniker or keep the team from trying to defend itself against others who try to profit from the logo.

From Eugene Volokh at the WAPO: 2-to-1 decision, Blackhorse v. Pro Football, Inc. (USPTO TTAB June 18, 2014). A quick excerpt:

[T]hese registrations must be cancelled because they were disparaging to Native Americans at the respective times they were registered, in violation of Section 2(a) of the Trademark Act of 1946, 15 U.S.C. § 1052(a) [which bars, in relevant part, registrations of marks that "may disparage ... persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute"]. This decision concerns only the statutory right to registration under Section 2(a). We lack statutory authority to issue rulings concerning the right to use trademarks.

Hmm, so who is next, the Cleveland Indians? And those of you at Atlanta Brave games doing the “tomahawk chop” will be arrested and cited for a hate crime.

Legal Insurrection opines, if the “Redskins” trademark is cancelled by USPTO as “disparaging,” are  “Negro” and “Colored” next? So does that mean the United Negro College Fund and National Association for the Advancement of Colored People should have their trademarks revoked?

Other names up for consideration, the Washington Scandals, Washington Tyranny, Washington PC’s, or my personal favorite the Washington Waste.

California Chrome’s Owner Steve Coburn Blasts Horse Racing Industry After CA Chrome’s 4th Place Finish in Belmont, “It’s Not Fair” … “This is a Coward’s Way Out!!!”

Once again The Belmont proved to be the graveyard of Triple Crown glory as California Chrome, the winner of the Kentucky Derby and the Preakness came up short and finished tied for 4th in his bid for horse racing immortality. The mile and a half proved to be too much for California Chrome, that and a questionable ride by his jockey, as in my opinion he should have stayed along the rail and taken the lead in a very slow paced Belmont. That being said, it was not lost on the owner of California Chrome that the horses that finished ahead of him and crushing Chrome’s Triple Crown glory were fresh horses that neither ran in the Derby or Preakness.

Following the race, California Chrome’s Owner Steve Coburn blasted horse racing, “It’s not fair to the horses that have been in the game since day one. [...] “This is a coward’s way out, in my opinion. If you’ve got a horse, run him in all three.”

New York Times:

“It’s not fair to the horses that have been in the game since Day 1,” Coburn said on NBC.

Other than California Chrome, only Ride On Curlin and General A Rod were in all three Triple Crown races this year. The Belmont winner, Tonalist, was the most lightly raced entrant.

Coburn proposed that the last two legs of the Triple Crown series be restricted to Derby participants.

“It’s all or nothing,” said Coburn, 61, who said he did not expect to see another Triple Crown champion under the current format. “This is not fair to these horses that have been running their guts out for these people who believe in them.”

He added: “This is a coward’s way out, in my opinion. If you’ve got a horse, run him in all three.”

VIDEO – The Right Scoop

Football Hall of Famer & Former Miami Dolphin QB Dan Marino Sues NFL Over Concussions (Update: Marino Withdraws from Concussion Lawsuit)

DAN MARINO SUES NFL OVER CONCUSSIONS …

Hall of Famer and Miami Dolphin quarterback great Dan Marino is the latest to sue the NFL over concussions. According to court documents, a lawsuit was filed in U.S. District Court in Philadelphia, Pennsylvania by Mariono and 14 other former NFL players. Marino and the other 14 plaintiffs join more than 4,800 others who have alleged the NFL misled players about the long-term dangers of concussions. The NFL has denied those claims. Although no specific symptoms are alleged for Marino in the lawsuit, it does contain language for the QB great, “On information and belief, the Plaintiff … sustained repetitive, traumatic sub-concussive and/or concussive head impacts during NFL games and/or practices.”

CNN – VIDEO

Dan Marino, the Hall of Fame member and former Miami Dolphins quarterback, last week sued the NFL over concussions, according to federal court records.

As the behind-the-scenes effort to gain approval for the proposed $765-million settlement of the concussion litigation continues, Marino and 14 other former players sued in U.S. District Court in Philadelphia.

At least 41 members of the Pro Football Hall of Fame, or their estates, are among about 5,000 former players suing.

The 18-page complaint alleges the NFL concealed information about football-related brain injuries and misled players, claims that are similar to those made in more than 300 related lawsuits. The NFL has repeatedly denied such claims.

A federal judge rejected the proposed settlement of $765 million in January by the NFL, concerned about whether the settlement amount is sufficient for all affected players. To be honest, $765 does not even come close to what medical bills and treatment would cost over their lifetime. I am not even sure if $2 billion is adequate.

UPDATE I: As reported at CNN, Dan Marino is withdrawing his name from a lawsuit suing the NFL over concussions, saying he didn’t realize his name would be attached to the lawsuit. HUH? Well that’s mighty brave of him. I guess suing the NFL is bad for getting a job with the NFL. Profiles in courage.

Dan Marino, considered one of the greatest quarterbacks in National Football League history, is withdrawing his name from a concussion lawsuit against the NFL, according to published reports.

The news, first reported by the South Florida Sun Sentinel, comes a day after media reports that the Hall of Fame quarterback and 14 other players had filed a lawsuit that claims the NFL knew for years of a link between concussions and long-term health problems and did nothing about it.

Marino, 52, said he didn’t realize his name would be attached to the lawsuit.

“Within the last year I authorized a claim to be filed on my behalf just in case I needed future medical coverage to protect me and my family in the event I later suffered from the effects of head trauma,” the former Miami Dolphins star wrote in a statement published in the Sun Sentinel and on Sports Illustrated’s website.

FBI and SEC Probe into Insider Trading Investigation of Carl Icahn, Billy Walters & PGA’s Phil Mickelson

Investor, Bettor, and Golfer Investigated for Insider Trading, Oh My!!!

The NY Times is reporting that federal authorities are investigating a series of well-timed trades made by PGA golfer Phil Mickelson and the gambler William T. Walters, focusing on trading in two different stocks from 2011 and 2012. The Feds are looking into whether Mickelson and Walters may have traded illegally on private information provided by billionaire investor Carl Icahn about his investments in public corporations. The stock trades in question are with Clorox in 2011 and Dean Foods in 2012.  As reported at the Business Insider Mickelson stated, “I have done absolutely nothing wrong. I have cooperated with the government in this investigation and will continue to do so.”

fbi-sec

Federal authorities are examining a series of well-timed trades made by the golfer Phil Mickelson and the gambler William T. Walters, people briefed on the investigation said, focusing on trading in two different stocks. The authorities are also questioning what role, if any, the investor Carl C. Icahn may have had in sharing information about one of the stocks: the consumer products company Clorox.

Mr. Mickelson, a three-time winner of the Masters golf tournament and one of the country’s highest-earning athletes, placed his Clorox trade in 2011, the people briefed on the investigation said. Mr. Walters, an owner of golf courses who is often considered the most successful sports bettor in the country, made a similar trade about that time, the people added.

Mr. Icahn, a 78-year-old billionaire and one of the best-known investors in the world, was mounting a takeover bid for Clorox around the time that Mr. Mickelson and Mr. Walters placed their trades.

The F.B.I. and Securities and Exchange Commission, which are leading the inquiry along with federal prosecutors in Manhattan, are examining whether Mr. Icahn leaked details of his Clorox bid to Mr. Walters, the people briefed on the investigation said. One theory, the people said, is that Mr. Walters might have passed that information to Mr. Mickelson.

 

Daily Commentary – Friday, May 30, 2014 – Donald Sterling is Now Claiming the NBA Violated His Constitutional Rights

  • Claiming they don’t have the right to force him to sell.

Update: Former Microsoft CEO Steve Ballmer wins bidding war for Cliipers with $2 billion offer.

Daily Commentary – Friday, May 30, 2014 Download

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