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drew54
05-02-2008, 04:08 PM
I thought the name Redskins was no longer trademarked because the Native Americans lawsuit a few years back.

Washingtonpost.com: Redskins Are Denied Trademarks (http://www.washingtonpost.com/wp-srv/sports/redskins/daily/april99/03/patents3.htm)

SmootSmack
05-02-2008, 04:10 PM
I thought the name Redskins was no longer trademarked because the Native Americans lawsuit a few years back.

Washingtonpost.com: Redskins Are Denied Trademarks (http://www.washingtonpost.com/wp-srv/sports/redskins/daily/april99/03/patents3.htm)

I thought they won the appeal on that

MTK
05-02-2008, 04:12 PM
Yes the team won the appeal otherwise we wouldn't be having this discussion.

drew54
05-02-2008, 04:14 PM
Yes the team won the appeal otherwise we wouldn't be having this discussion.


Damn Appeal.

SmootSmack
05-02-2008, 04:28 PM
Suddenly we all agree the name Redskins is offensive and should be changed :)

Redskin Rich
05-02-2008, 04:30 PM
Yes the team won the appeal otherwise we wouldn't be having this discussion.
Matt,

Explain to me why they have the right to just take the domain name. Aren't you the legal owner of that name? I was under the impression that anyone could purchase a domain and then if someone else wanted it, they would have to purchase the domain name. I would think they should at least throw you a few G for it... and it would be less than their legal bills in trying to force it from you.

Redskin Rich
05-02-2008, 04:31 PM
Now... this is funny:

Redskins Suck .com - RedskinsSuck.com (http://redskinssuck.com/)

JoeRedskin
05-02-2008, 06:07 PM
Matt,

Explain to me why they have the right to just take the domain name. Aren't you the legal owner of that name? I was under the impression that anyone could purchase a domain and then if someone else wanted it, they would have to purchase the domain name. I would think they should at least throw you a few G for it... and it would be less than their legal bills in trying to force it from you.

Disclaimer: The following is based on about 10 minutes (maybe 20) of legal research and in no way represents a definitive statement of trademark law.

It's called trademark infringement. The NFL owned the rights to the name "redskins" before matty did. The NFL has registered trademarks for logos, names, etc. relating to the league and its teams. They are allowed to protect those trademarks and prevent others from "piggybacking" on their marks. Legally, they had the name and logos first and you can't use them to popularize your own ventures. This prevents others from unfairly profiting from the NFL's advertising/product and protects the NFL's product from being diluted by copycats.

Included in those protections is the right to obtain large punitive damages. These damages are intended to a) compensate trademark owners for having to sue to protect what is legally theirs; and b) discourage others from using the marks as a way to blackmail the owner (Pay me, and I'll stop, otherwise you'll have to sue me.).

Like patents, trademark protections are important to free trade and the market system. They are intended to insure that the person (or corporation) who takes the risk in creating a product and builds "good will" in that product is the person or entity that reaps the monetary rewards from that product.

While it sucks for us, and they may seem to be acting a little over the top, entities who have products with mass appeal are subject to "death by a thousand cuts" unless they aggressively protect their product. I wouldn't be surprised if NFL employs a small firm of attorneys whose sole purpose is to protect the integrity of their marks from small-time infringement like us.

I understand their purpose and intellectually accept the need for aggressive protection of trade marks.

Still sucks though.

Matty - my bill is in the mail.

Redskin Rich
05-02-2008, 06:25 PM
Disclaimer: The following is based on about 10 minutes (maybe 20) of legal research and in no way represents a definitive statement of trademark law.

It's called trademark infringement. The NFL owned the rights to the name "redskins" before matty did. The NFL has registered trademarks for logos, names, etc. relating to the league and its teams. They are allowed to protect those trademarks and prevent others from "piggybacking" on their marks. Legally, they had the name and logos first and you can't use them to popularize your own ventures. This prevents others from unfairly profiting from the NFL's advertising/product and protects the NFL's product from being diluted by copycats.

Included in those protections is the right to obtain large punitive damages. These damages are intended to a) compensate trademark owners for having to sue to protect what is legally theirs; and b) discourage others from using the marks as a way to blackmail the owner (Pay me, and I'll stop, otherwise you'll have to sue me.).

Like patents, trademark protections are important to free trade and the market system. They are intended to insure that the person (or corporation) who takes the risk in creating a product and builds "good will" in that product is the person or entity that reaps the monetary rewards from that product.

While it sucks for us, and they may seem to be acting a little over the top, entities who have products with mass appeal are subject to "death by a thousand cuts" unless they aggressively protect their product. I wouldn't be surprised if NFL employs a small firm of attorneys whose sole purpose is to protect the integrity of their marks from small-time infringement like us.

I understand their purpose and intellectually accept the need for aggressive protection of trade marks.

Still sucks though.

Matty - my bill is in the mail.
Wow... great post. I think everyone should contribute to your bill by giving you positive rep points... and let me be the first for this posting. :goodjob:

MTK
05-03-2008, 01:03 PM
I've put through the domain change so it usually takes about 24 hours for the change to propagate, so you may experience some occassional downtime. Just be patient. Thanks.

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