On Nov. 16, 2009 the U.S. Supreme Court denied cert. in the Harjo v. Pro-Football, Inc. case.  This finally brings an end to the debate about whether the Redskins have an offensive trademark for their football team.   The Supreme Court did not provide any comments regarding its decision to not hear this case.

The case started out in 1992 as a petition by Suzan Harjo on behalf of herself and several other Native Americans to the United States Trademark Trial and Appeal Board to cancel the trademark registrations which were granted to the Washington Redskins Football team in 1967.  Harjo, et al. believed the “Redskins” trademark violated Section 2(a) of the Lanham Act because it was a mark that comprised “immoral, deceptive or scandalous matter; or matter which may disparage or falsely suggest a connection with persons living or dead, institutions, beliefs or national symbols, or bring them into contempt, or disrepute.”  In 1999 the TTAB ruled in favor of Harjo, et al, but Pro-Football appealed (smartly, in my opinion) to the U.S. District Court for the District of Columbia (they had the option to appeal to the Court of Appeals for the Federal Circuit).  The District Court found in favor of Pro-Football.

This case has been in the courts since 1999 primarily about an equitable doctrine called Laches.  The Courts have now all agreed that the Harjo et al. delayed too long in bringing the case, since all of the plaintiffs in the action were alive when the mark was filed with the Trademark Office (1967), but they did not bring the case until 1992, twenty five years after the Redskins mark had been registered.

Laurie Young                (612) 392-7309           Laurie.Young@nm-iplaw.com