Despite a federal judge recently overturning an earlier decision to cancel the Redskins trademark, those opposed to the use of the name are appealing against the ruling.
Suzan Harjo, who is leading the campaign to force the NFL team to drop its name on the grounds it is offensive to native Americans, filed an appeal in the US Court of Appeals for the District of Columbia Circuit.
The Redskins fear losing the right to the name could cost them millions of dollars as the brand they have spent years building gets fundamentally altered.
Harjo and her co-petitioners won cancellation of the Redskins trademarks in a 1999 decision by the Trademark Trial Appeal Board of the Patent and Trademark Office (TTAB) - the federal agency entrusted with determining which trademarks can properly be registered under federal law.
That decision was overturned by a federal judge on September 30.
Said Harjo: "We are committed to pursuing this case as long as necessary, and we are confident that the thorough and unanimous decision of the TTAB will be restored.
Added Norm D St Landau, Harjo’s counsel: "This appeal should be no surprise to anyone.
"Nationwide, references to native Americans in sports programmes are being eliminated. Where there were 3000 entities using native American references in 1970, there are a mere 1100 today."
The Trademark Trial and Appeal Board (TTAB) decision cancelled the Redskins trademarks on the ground that the term disparages native Americans in violation of the federal trademark law. The TTAB reached its decision based on a broad range of evidence developed over many years. A federal judge concluded, however, that the decision was not supported by the record and that the native American challengers had delayed too long to bring their claims.
"Our clients respectfully disagree with the recent decision of the federal judge," said St. Landau. "We firmly believe that the TTAB took great care to review a very lengthy and detailed record and then drew reasoned inferences from that record.
"The fact is, the Washington football club has not been harmed in the least by any claimed delay in these proceedings and would not be harmed by cancellation of the trademark registrations which is amply demonstrated by what happened when the Washington Wizards changed their name without losing a dime."
The NFL’s most valuable franchise, the Washington Redskins, is set for a return to court in the on-going battle over the use of its name.
