D.C. Circuit Sides with Redskins on Trademark

From How Appealing:

“Appeals Court Lets Redskins Keep Name, Trademark”: The Washington Post has this news update.

And The Associated Press reports that “Appeals court sides with Redskins on trademark.”

My earlier coverage of today’s D.C. Circuit ruling appears at this link.

An excerpt from the opinion:

At bottom, this case concerns whether various trademarks related to the Washington Redskins football team disparage Native Americans within the meaning of the Lanham Trademark Act, § 2, 15 U.S.C. § 1052(a). But that question has since been overshadowed by the defense of laches, the basis on which the district court first entered judgment for the Redskins six years ago. We reversed that decision, finding that the district court had misapplied the law of laches to the particular facts of the case. Pro-Football, Inc. v. Harjo (Harjo II), 415 F.3d 44, 50 (D.C. Cir. 2005). On remand, the district court reconsidered the evidence in light of our instructions and again ruled for the team. Pro-Football, Inc. v. Harjo (Harjo III), 567 F. Supp. 2d 46, 62 (D.D.C. 2008). Now appealing that decision, plaintiffs argue only that the district court improperly assessed evidence of prejudice in applying laches to the facts at issue. Limited to that question, we see no error and affirm.