So Obama used his phone to call the US Patent and Trademark Office and told them to make sure The Washington Redskin’s trademarks got revoked.
Bottom line: the Redskins will still have the right to enforce their trademark under the common law of trademark and not many entities will be willing to face the Redskins or the NFL in court just to sell t-shirts. Enforcing your mark under the common law means you take infringers to state court and prove to the court you were using the mark first and the infringer owes you for using the mark. The federal trademark system basically reduced some of the costs of proving in court that you were using a particular mark first in time in a particular market. So the Redskins aren’t going to have to forfeit their Redskins name or logos, it will just potentially cost them more money if they have to sue infringers.
Irony: The Democrats, namely Harry Reid and Barack Obama, have been outspoken on the issue of using the Redskins name. They feel it is a sin and are using as much power, real or imagined, as they think they can get away with to influence the NFL and the Washington Redskins to change the name. They claim the public at large wants the Redskins to change the name and does not want to support the Redskins team. If that is true, why do you need to pull the trademark protection? Pulling the protection seemingly invites infringers to have a field day selling Redskins merchandise. But if there is no market for the merchandise, what difference does it make if the USPTO revokes the trademarks?
Fascism: Harry Reid also claimed today that the Washington Redskins would be “forced” to change their name. Forced? By who? The Gestapo? Is Harry Reid threatening to unlawfully attack a private business? Arguably he has already done so by using his position of power to bully the NFL and the Washington Redskins despite completely lacking any authority on the matter. Not that lacking authority would deter the Obama Regime from getting involved. Is this the kind of government we want? Do we want elected officials calling for penalties and sanctions against a private business because they don’t like the name of the business? Who is next? Hobby Lobby because Obama doesn’t like that Hobby Lobby doesn’t want to sponsor abortion? Camel Towing in Blaine, Minnesota, because their irreverent business name is disparaging to women? How about all the auto repair garages with “Tranny Shop” in their title? And what about Hooters? Tell me that “Hooters” is not disparaging to women. Where are the calls to revoke Hooters’ federal trademark?
Proposed new Mascot: assuming that the fascists get their way and some how “force” the Washington Redskins to stop using the Redskins as their mascot, I propose the new mascot be “the Welfares.” So the new name of the franchise will be: The Washington Welfares. They can keep their original colors and as a new helmet logo, I propose the following: