The trademark of logos, mascots and names of collegiate sports are on a different level than professional organizations. In professional sports, this situation is where it has hit its all time high. For decades professional sports organizations like the Washington Redskins and Cleveland Indians have been faced with a tremendous amount of trademark controversy over their name or logo. There are many more professional teams facing this adversity but these two have been dealing with the USPTO for years to try to patent their trademark. With that said, because USPTO uses the Lanham Act of 1946, they have denied registration. The reason the Lanham Act denies their request, is because in section 2a (Derogatory Act) of Lanham Act it states: any trademark will be rejected if it comes off as immoral, deceptive, or scandalous manner; or manner which may disparage or falsely suggest a connection with persons, dead or alive, institutions, beliefs, or national symbols or bring them into contempt, or disrepute.( 15 U.S. Code § 1052, n.d) . The term redskin fits in
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The mascot the Indians use, Chief Wahoo, is a picture of an Indian face with red skin, and with chief feathers as headwear. Deputy Director of NCAI, Robert Holden thinks it is absurd on how racial it is: “a vile-looking logo that's probably the most disgusting, racist emblem out there."(Samuel, 2016) This logo and The Redskins name is in the same ballpark and is honestly very offensive because they both enforce the negativity of redskin. Both of these situations fall under section 2a and should be rejected, but both organizations are trying to be heard by the Supreme Court to overrule their rejection. With both organizations still waiting for a response from the Supreme Court, they will have to kick back and watch, as a case dealing with a band and their name was called upon for this upcoming
The mascot the Indians use, Chief Wahoo, is a picture of an Indian face with red skin, and with chief feathers as headwear. Deputy Director of NCAI, Robert Holden thinks it is absurd on how racial it is: “a vile-looking logo that's probably the most disgusting, racist emblem out there."(Samuel, 2016) This logo and The Redskins name is in the same ballpark and is honestly very offensive because they both enforce the negativity of redskin. Both of these situations fall under section 2a and should be rejected, but both organizations are trying to be heard by the Supreme Court to overrule their rejection. With both organizations still waiting for a response from the Supreme Court, they will have to kick back and watch, as a case dealing with a band and their name was called upon for this upcoming