Redskins Cite Protected Products With Controversial Language in Trademark Appeal

Timothy Rapp@@TRappaRTFeatured ColumnistNovember 3, 2015

Washington Redskins owner Daniel Snyder watches the teams warm up before an NFL preseason football game between the Washington Redskins and the Jacksonville Jaguars in Landover, Md., Thursday, Sept. 3, 2015. (AP Photo/Mark Tenally)
Mark Tenally/Associated Press

The Washington football team continued its fight to reclaim its federal trademark registrations Friday. It cited numerous porn and clothing companies, among others, that—despite potentially offensive language in their title—have not lost their trademark registration, according to Ian Shapira of the Washington Post.

"By way of example only, the following marks are registered today: Take Yo Panties Off clothing; Dangerous Negro shirts... Midget-Man condoms and inflatable sex dolls," the team's lawyers wrote in the brief that was presented to the U.S. Court of Appeals for the 4th Circuit—the third attempt by the team to maintain its trademark registration.

In July, a federal judge stripped Washington of its trademark registration, ruling the team's nickname, the "Redskins," was disparaging to Native Americans. That ruling reaffirmed the team's name couldn't be protected by the federal government due to the Lanham Act, which states that any name that disparages a group of people cannot be federally protected.

While Washington can still keep its nickname and has trademark protection on the state level, the team has feared it could lose money if unlicensed merchandise is legally allowed to be sold. The team will maintain its trademark protections until the appeal process has been concluded, making it likely the organization will continue its fight all the way to the Supreme Court.