Perspective
Jun. 28, 2014
Could offensive trademarks find refuge in common law?
Even if a registration is cancelled, the underlying common law rights continue in the geography where the mark is used and known. By Sally M. Abel and Christine K. Au-Yeung
The 177-page tome the Trademark Trial and Appeal Board (TTAB) just issued in Blackhorse v. Pro-Football Inc. this month is remarkable for its length and its subject matter, cancellation of the controversial REDSKINS mark as disparaging to Native Americans, though this isn't the first time the TTAB has crossed that controversial threshold.
The decision underscores a little known fundamental of U.S. t...
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