Chief Wahoo, you’re on notice: The U.S. Patent and Trademark Office cancels the Redskins trademarks

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This is interesting. And it could have some repercussions for our old friend Chief Wahoo.

The ruling came this morning in a case brought by five Native Americans, who sought cancellation of the team’s registrations by arguing that the trademarks violated the federal law, as stated at 15 U.S.C. § 1052(a), prohibiting the “registration of marks that may disparage persons or bring them into contempt or disrepute,” as the agency wrote in its ruling.

This likely won’t go into effect immediately, as the Redskins can seek a stay of the order pending appeal. But if it holds up, it would allow anyone who wanted to to sell a Redskins shirt or merchandise with Redskins’ current trademarks. That hits the bottom line and that, more than any of the political pressure in the world, could inspire the Redskins to change their name, so as to continue to reap the profits of their trademarks.

Could this be applied to Chief Wahoo? I’m not a trademarks guy, so I’m not sure. It’s possible that Wahoo was trademarked at a time when it wasn’t considered disparaging. That seems crazy in that a racist sambo-esque character has been considered offensive in the country at large for at least as long as Wahoo has existed and maybe even longer. But like I said, I’m not sure about this area of the law and whether the Indians have some sort of safe harbor that the Redskins do not. Here is a law review article on the subject from 1998. It seems to think that the same rules would apply to both Wahoo and “Redskins.”

If they don’t, though, it could eventually spell the end of Wahoo merchandise and Wahoo logos on Indians uniforms. Because if they can’t make a buck off of it, why bother?

Battle of the Aces: Max Scherzer takes on Clayton Kershaw tonight

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I hope you don’t have any plans tonight at around 10PM Eastern time, because that’s when we get a pitching matchup for the ages as Max Scherzer will take on Clayton Kershaw at Dodger Stadium. When they meet tonight it will be the first time two pitchers with three or more Cy Young Awards have matched up since 2006. That year, and in 2005 and 2000, Roger Clemens faced Greg Maddux. In 2001 Clemens faced Pedro Martinez.

Kershaw won his hardware in 2011, 2013 and 2014, with an MVP award in 2014 to boot. Scherzer collected trophies in 2013, 2016 and 2017. Each has started the 2018 season in Cy Young form. Kershaw is 1-2, but that record is due to poor run support. He has a 1.73 ERA and has struck out 31 batters and has walked only three in 26 innings. Scherzer is 3-1 with a 1.33 ERA and a whopping 38 strikeouts to only 4 walks in 27 innings.

This will be the third time that Kershaw and Scherzer faced each other if you include the playoffs. The first meeting was a decade ago when both were rookies. They most recently faced off in Game 1 of the 2016 NLDS, way back when Scherzer only had one Cy Young Award to his credit. Kershaw beat Scherzer in that playoff game and the Dodgers beat Scherzer’s teams in the two regular season matchups, with neither guy setting the world on fire. As so often happens in baseball, the hype hasn’t been matched by reality.

Still, there’s always a chance it will. And even if, in the end, this turns into a slugfest, the first couple of innings should at least give us some hope of something good. I’ll be watching.