Page Number
45
Abstract
In a relatively recent well-publicized decision, the Washington Redskins' trademark registration was stripped under the Trademark Act of 1946, also known as the Lanham Act. With the team currently appealing to the 4th Circuit Court of Appeals, however, this cancellation does not take place until the judicial review is complete. This Note critiques the Lanham Act and argues that the test should be whether the mark is disparaging today as opposed to when it was originally registered. This Note asserts that because language is constantly changing in society, it makes more sense to look at how a term or phrase is viewed in today's society. A bill was proposed in the House in 2013, attempting to amend the Lanham Act to specifically deem "Redskin" a disparaging term. This Note suggests that this is too under-inclusive and that such a measure would not prevent this issue from recurring.
Recommended Citation
Osborne, Dustin
(2017)
"Varying Vernaculars: How to Fix the Lanham Act's Weakness Exposed by the Washington Redskins,"
Denver Sports & Entertainment Law Journal: Vol. 20:
Iss.
1, Article 6.
Available at:
https://digitalcommons.du.edu/selj/vol20/iss1/6