New Ruling May Help Washington Redskins Keep Their Trademark

The United States Court of Appeals for the Federal Circuit in Washington has handed down a ruling that could help the Washington Redskins keep their trademark.

In a case involving an Asian-American band named the Slants, a majority found that the First Amendment protected the group no matter how offensive some may find it. “It is a bedrock principle underlying the First Amendment that the government may not penalize private speech merely because it disapproves of the message it conveys,” Judge Kimberly A. Moore wrote on behalf of the majority.

The case appears to be similar to that involving the Redskins; both the band and the team assert they are not using a derogatory term, but using it in a positive manner. Slants frontman Simon Shiao Tam, said in court filings that the band’s name undercuts slurs about Asian-Americans rather than promoting them.

The decision seems to imply that the team’s trademark is safe. “We’re pleased with the decision,”  Lisa Blatt, a partner at Arnold & Porter who is part of the Redskins’ legal team told the New York Times. 

While the Fourth Circuit is free to disagree with the precedent in their decision, the use of Redskins does not appear to be in jeopardy. Not only does a trademarked name not need to be registered, but team owner Dan Snyder has said he will never drop the name.

Photo: Wide receiver DeSean Jackson #11 of the Washington Redskins scores a fourth-quarter touchdown against cornerback Morris Claiborne #24 of the Dallas Cowboys at FedExField on December 7, 2015 in Landover, Maryland. (Photo by Rob Carr/Getty Images)