After the Supreme Court Touchdown, Washington Redskins Are Finally Winning at the Fourth Circuit and the PTO

Two incredible things happened in 1992 for the NFL football team Washington Redskins. It won the Super Bowl and applied to register a trademark Washington Redskins. It has not been so lucky ever since. It has not won another Super Bowl and has not registered that mark since 1992. Now, thanks to the touchdown scored by the Supreme Court for Washington Redskins and its compadres The Slants band of Asian-American musicians in the Matal v. Tam case last term, the team just converted its 25-year old application into a US registration and is about to get its six presently-cancelled other US trademark registrations back. This is a natural fall out from the Supreme Court’s decision to invalidate the Lanham Act’s Section 2(a) prohibition against registering “disparag[ing]” trademarks as an unconstitutional restriction on free speech. [See Mintz Levin’s prior post on the Matal decision.] This decision has now forced the hand of the Fourth Circuit to vacate…

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