Virginia district court rules against Redskins trade mark

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Virginia district court rules against Redskins trade mark

Native American activists have won a summary judgment ruling from the US District Court for Virginia, after a judge found that the Redskins’ registered trade mark was disparaging

In Pro-Football v Blackhorse, the court granted the challengers’ motion for summary judgment, finding that there was considerable evidence, including dictionary references, literary and media references that establish that a substantial composite of Native Americans may be disparaged by the marks. The court also denied Pro-Football’s summary judgment motion attacking the constitutionality of the Lanham Act’s prohibition against disparaging marks.

Pro-Football had argued that Section 2(a) of the Lanham Act, which prohibits registration of marks which “may disparage” peoples or bring them into contempt or disrepute, is an unconstitutional restriction on speech. It also asserted that the restriction is unconstitutionally vague and that the TTAB’s cancellation of the mark violated the due process and takings clauses.

Judge Gerald Lee rejected these arguments. He held that Section 2(a) does not implicate free speech concerns, and that the federal trade mark registration programme is government speech thus exempt from First Amendment scrutiny. Similarly, he found that Section 2(a) is not unconstitutionally vague because it gives fair warning of what conduct is prohibited and does not encourage arbitrary and discriminatory enforcement.

Lee also found that the takings and due process challenges fail trade mark registrations is not property under the Fifth Amendment.

The constitutional issue

The issue of whether Section 2(a) violates the First Amendment came up earlier this year, when the Federal Circuit affirmed the denial of an Asian American band’s registration of its name, The Slants, on the ground that the term is disparaging to Asian Americans. The In re Tam decision, since vacated for an upcoming en banc hearing, was unanimous, but Judge Kimberly Moore wrote an “additional views” section in the opinion strongly suggesting that Section 2(a) was unconstitutional.

We’re talking about registrations!

The decision also emphasises that at the heart of the matter is the registration of the marks, not the marks themselves or the use of them. Judge Lee wrote: “Just as Allen Iverson once reminded the media that they were wasting time at the end of the Philadelphia 76ers’ season 'talking about practice' and not an actual professional basketball game, the Court is similarly compelled to highlight what is at issue in this case – trademark registration, not the trademarks themselves.”

Thus, though the team may lose its registration, it can still use the marks in commerce and have protections under common law.

more from across site and SHARED ros bottom lb

More from across our site

A $110 million US verdict against Apple and an appellate order staying a $39 million trademark infringement finding against Amazon were also among the top talking points
Attorneys are watching how AI affects trademark registrations and whether a SCOTUS ruling from last year will have broader free speech implications
Patent lawyers explain why they will be keeping an eye on the implications of a pharma case and on changes at the USPTO in the second half of 2025
The insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
A new order has brought the total security awarded to a Canadian tech company to $45 million, the highest-ever by an Indian court in an IP case
Andrew Blattman reflects on how IP practices have changed and shares his hopes for increased AI use and better performance on the stock market
Gift this article