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?
Why is this man smiling? Man, I wouldn’t be smiling if I read what I just read.
This is the week when ESPN’s Keith Law releases his prospect and farm system rankings. He kicks off his content this week with a top-to-bottom ranking of all 30 farm systems. As a rule he limits his analysis to players who are currently in the minors and who have not yet exhausted their rookie of the year eligibility.
For the second straight year, Law ranks the Braves as the best system in baseball. Number two — making a big leap from last year’s number 13 ranking – is the New York Yankees. Dead last: the Arizona Diamondbacks, which Law says “Dave Stewart ritually disemboweled” over the past two years. That’s gotta hurt.
If you want to know the reasons and the rankings of everyone in between you’ll have to get an ESPN Insider subscription. Sorry, I know everyone hates to pay for content on the Internet, but Keith and others who do this kind of work put a lot of damn work into it and this is what pays their bills. I typically don’t like to pay for content myself, but I do pay for an ESPN Insider subscription. It’s worth it for Law’s work alone.
The Toronto Blue Jays, like a lot of teams, will wear an alternate jersey next year. It’ll be for Sunday home games. They call it their “Canadiana,” uniforms. Which, hey, let’s hear it for national pride.
(question to Canada: my grandmother and my three of my four maternal great-grandparents were Canadian. Does that give me any rights to emigrate? You know, just in case? No reason for asking that today. Just curious!).
Anyway, these are the uniforms:
More like RED Jays, am I right?
OK, I am not going to leave this country. I’m going to stay here and fight for what’s right: a Major League Baseball-wide ban on all red alternate jerseys for anyone except the Cincinnati Reds, who make theirs work somehow. All of the rest of them look terrible.
Oh, Canada indeed.