Or so says this IP firm’s website, which asserts that there is a trademark-related circuit split:
We do not believe that the issues raised in this case are going away. In the first place, there is considerable question as to the correctness of the rulings by the District Court and the D.C. Circuit that laches is applicable to a case such as this. Section 14(3) of the Lanham Act, 15 U.S.C. § 1064(3), provides that a petition to cancel a registered mark because, inter alia, it has become generic, was obtained by fraud, or is disparaging, may be brought “at any time”. With the D.C. Circuit’s Harjo opinion, there is now a split among the circuits regarding this issue that could give rise to a cert petition. In addition, following the Circuit Court’s original remand decision, a group of six Native Americans, all of whom only recently reached the age of majority, filed a new cancellation petition with the TTAB. Although this proceeding has been stayed pending the outcome of the Harjo lawsuit, it will be activated in the event that the D.C. Circuit’s decision on laches stands.
It gets more interesting. This is consistent with the Harjo plaintiffs’ lawyer asserts (WaPo article), who suggests that one of the split is a Third Circuit decision authored by then-Judge Alito. Maybe there is a chance for this case to be heard.
Still haven’t seen the cert petition. No indication on the SCOTUS site that anything’s been filed.
Oh, and here’s an update on that notorious Quinn Emmanuel lawyer who got fired after emailing the firm questioning whether its successful representation of the Redskins was a good thing.
Turtle Talk 
Hopefully SCOTUS will take the case, but they will only be deciding the laches issue, not the underlying issue of whether or not the TTAB’s decision to cancel should be upheld. If SCOTUS follows Alito’s prior reasoning, then they would probably remand to the DC Circuit for a judicial review of an administrative action. That would really be the only place we would finally get a determination on the merits as to the offensiveness of the trademark.
i think the appeal is narrow enough that the application of laches is the only issue, and if SCOTUS takes it up, i don’t know why they would broaden it. the appeals court didn’t. the TTAB had the authority to make the decision, and their conclusions were well presented and should meet the “reasonable and proper” standards for adminstrative actions.
what’s important for people in indian country to here is to look at the dedication of these plaintiffs. they have stuck with this year after year despite constant criticism and occasional threats.
the work of groups like Morning Star Institute is much larger than this single issue. Suzan also works on repatriation, prevention of violence against women, health and education issues, sovereignty and inter-governmental relations, and native arts issues.
and TICAR (Tulsa Indian Coalition Against Racism) has taken up the struggle against the Union Public Schools and their R**skin mascot, only to be faced with a school board which will not discuss the issue and will not place the issue on their agenda.
these groups need moral and financial support to keep the fight for justice in front of the public.