I can sense a lot of eye-rolling out there among my conservative friends. Let me explain. First, I think the challengers are right on the law. Statutes governing trademarks stipulate that no trademark shall be issued if it contains “matter which may disparage . . . persons, living or dead . . . or bring them into contempt, or disrepute.” I don’t see how the term Redskins even comes close to passing the smell test.
The law also allows a challenge to an offensive trademark to be brought “at any time.” The Supreme Court is being asked to decide whether a lower court erred by dismissing the Native American challenge as having been filed too late. It makes sense for the justices to take up the matter to resolve a conflict among several federal appeals courts.
The law aside, I also believe that changing the name could be a smart thing to do. Washington’s professional men’s basketball team suffered no discernible long-term harm when owner Abe Pollin changed its name in 1997 from the violence-tinged Bullets to the Wizards. Attendance spiked (in part because of the opening of the new arena downtown) and has remained reasonably steady since, despite some miserable losing seasons. The team was also able to cash in on sales of Wizards merchandise.
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