The US government put itself at odds with the National Football League in a case that will determine the fate of a franchise’s racist mascot.
In a statement released on Friday, the Department of Justice said it would defend the constitutionality of the US Patent and Trademark Office’s decision to repeal the Washington Redskins’ trademarks, which were found last year to be “disparaging to Native Americans at the time they were registered.”
One of the trademarks struck down was the actual name of the organization, “Redskins,” which is widely considered to be a racial slur.
That decision prompted a lawsuit by the NFL claiming that the patent office violated First Amendment protections of free speech. In November of last year, a district judge in Virginia allowed the case to move forward, ruling that the team should have the opportunity to challenge the patent office’s findings.
According to the DOJ, the Lanham Act, which the patent office decision is based decision on, “permits denial or cancellation of a trademark application if the trademark is disparaging or falsely suggests a connection with persons living or dead, institutions, beliefs or national symbols.”
“The United States will defend the constitutionality of the federal statute,” the department said.
Acting Assistant Attorney General Joyce R. Branda said that the Justice Department “is dedicated to defending the constitutionality of the important statute ensuring that trademark issues involving disparaging and derogatory language are dealt with fairly,”
“I believe strongly in the rights of all Americans to celebrate and maintain their unique cultural heritage,” she added
Politicians, journalists, sports figures, and scores of organizations that represent Native Americans, civil rights, and education have called for the team to change its name. In 2013, President Obama said he’d “think about changing” the name if he owned the team.
Despite the public outcry and protests against his franchise, team owner Dan Snyder refuses to concede.
“We’ll never change the name. It’s that simple,” he once told USA Today
The Washington NFL team can still hold on to its trademarks until the appeals process is over. Even if the team loses, it will still keep the trademark to its logo, but not to the name of the team. Consequently, it would not have to change its name, but it would no longer be able to enforce copyright claims on others hoping to profit off the slur.
