American Indians Lose Trademark Lawsuit

According to the Associated Press, the Washington Redskins won another legal victory Friday in a 17-year fight with a group of American Indians who contend the football team’s trademark is racially offensive.

The decision issued Friday by the U.S. Court of Appeals in Washington doesn’t address the main question of racism at the center of the case, but rather upholds the lower court’s decision in favor of the football team based on the legal doctrine of laches. The appeal’s court agreed that the Native Americans bringing this suit waited too long to challenge the trademark first issued in 1967.

In part, the federal trademark statute provides that marks generally aren’t allowed when, among other things, they consist of or comprise immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.