Link: "Redskins" name denied by U.S. Patent Office.

92tide

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May 9, 2000
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How many offended Irishmen should it take?
its not about a number offended. the law states

No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—
(a) Consists of or comprises 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; or a geographical indication which, when used on or in connection with wines or spirits, identifies a place other than the origin of the goods and is first used on or in connection with wines or spirits by the applicant on or after one year after the date on which the WTO Agreement (as defined in section 3501 (9) of title 19) enters into force with respect to the United States.
there appears to be a quite thorough discussion of this in the uspto decision
 

Tidewater

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How about "The Fighting Irish"?
I actually worked with a Captain from the Irish Defense Forces who was offended by the name "Notre Dame Fighting Irish." He thought it was a reference to the Irish Troubles of the 1910'-1920s or to the 1970s-1980s.
I told him it was harkening back to the time in the 19th century when Irish immigrants in the US had a tough time finding work and many resorted to bare-knuckle boxing to make a living, and the Irish developed a reputation of being tough because of that. Additionally, Irish laborers in America developed a rowdy reputation. In my neck of the woods, when they were building the Manassa's Gap Railroad in the 1850s, most of the laborers were Irish. The foremen would knock off work on Saturday afternoon, and then the Irish would get liquored up and start brawling. The county Sheriff used to spend every Saturday evening in the camps picking up the drunken brawlers and hold them in jail until the foremen would come and bail them out on Sunday afternoon. Anecdotal, but I would wager this behavior of Irish immigrants was not only found in Fauquier County, Virginia but was typical of Irish immigrant laborers generally at that time.
And, "The Notre Dame Drunken Brawlers" doesn't sound so picturesque as a school mascot and won't fit on the side of a football helmet.
 

Bodhisattva

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Aug 22, 2001
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I remember about 10 years ago the University of North Dakota had to give up their nickname, "Fighting Sioux." I can see how "Redskins" - if one didn't know the history of the word - could be viewed as disparaging. But, how can Sioux (or Irish or Cajuns or Highlanders or Texans) be disparaging?
 

Bodhisattva

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Aug 22, 2001
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What's amazing is that based on this ruling, it seems that the reality of what the term means is irrelevant. It's all about what people think, no matter what the source of their feelings. It reminds me of various controversies about niggardly.
I remember that controversy involved some guy in the DC government. The guy lost his job because others were ignorant of the definition and got offended because of their own misinterpretation. One of the stupidest incidents ever in our PC society.
 

Tidewater

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What's amazing is that based on this ruling, it seems that the reality of what the term means is irrelevant. It's all about what people think, no matter what the source of their feelings. It reminds me of various controversies about niggardly.
If the misinformation or lack of understanding of "a composite," even a minority composite is the measuring stick for offense, then there will be no end of the mischief that can be done.
This way of thinking is an enormous step back from the liberal, enlightened views that heretofore separates the west from the barbaric peoples of the rest of the world.
If you don't like what I am saying, argue against me. We can "tolerate any error so long as reason is left free to combat it." Alternatively, avert your eyes or ears. To argue, however, in effect, "I am deliberately mis-stating what you are saying, and I am deeply offended by my misunderstanding of what you are saying and I am going to enlist the police power of the state to stop you from saying the evil meanings I wrongly assign to your speech," is a bottomless pit.
 

GrayTide

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Nov 15, 2005
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If the misinformation or lack of understanding of "a composite," even a minority composite is the measuring stick for offense, then there will be no end of the mischief that can be done.
This way of thinking is an enormous step back from the liberal, enlightened views that heretofore separates the west from the barbaric peoples of the rest of the world.
If you don't like what I am saying, argue against me. We can "tolerate any error so long as reason is left free to combat it." Alternatively, avert your eyes or ears. To argue, however, in effect, "I am deliberately mis-stating what you are saying, and I am deeply offended by my misunderstanding of what you are saying and I am going to enlist the police power of the state to stop you from saying the evil meanings I wrongly assign to your speech," is a bottomless pit.
I'm not sure I understand anything you said, but I like it.
 

IGetBuckets

Suspended
Jan 13, 2014
368
0
0
If the misinformation or lack of understanding of "a composite," even a minority composite is the measuring stick for offense, then there will be no end of the mischief that can be done.
This way of thinking is an enormous step back from the liberal, enlightened views that heretofore separates the west from the barbaric peoples of the rest of the world.
If you don't like what I am saying, argue against me. We can "tolerate any error so long as reason is left free to combat it." Alternatively, avert your eyes or ears. To argue, however, in effect, "I am deliberately mis-stating what you are saying, and I am deeply offended by my misunderstanding of what you are saying and I am going to enlist the police power of the state to stop you from saying the evil meanings I wrongly assign to your speech," is a bottomless pit.
 

RammerJammer15

All-American
Sep 9, 2012
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Well maybe if they named it after an actual TRIBE, there wouldn't be a problem. I personally would have no problem with Washington Warriors or Braves.
 
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Al A Bama

Hall of Fame
Jun 24, 2011
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As Northern Catholics, ND and the "Fighting Irish" are safe for now
I'm part Irish and I've always been offended by the "Fighting Irish". I honestly think it started when Paul Hornung won the Heisman T.! So that's 50+ years that I've been offended.
 

Al A Bama

Hall of Fame
Jun 24, 2011
6,658
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Well maybe if they named it after an actually TRIBE, there wouldn't be a problem. I personally would have no problem with Washington Warriors or Braves.
This could be the answer for the Redskins' owner. Make a financial agreement with a specific tribe and keep the same logo. What tribe did the Anglos run out of the Washington area. That tribe could build a Casino adjacent to the Redskins stadium if there is any room.
 

Tide1986

Suspended
Nov 22, 2008
15,670
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On a related note:

http://time.com/3641087/fcc-redskins-radio-station-obscene/

The Federal Communications Commission denied a Washington area law professor’s petition to strip a radio station of its license because of repeated use of the word “redskins” when talking about the football team.
The FCC said the word isn’t obscene, citing a Supreme Court ruling defining obscene material as something sexual in nature. Banzhaf’s petition was one of several to be considered by the FCC.
 

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