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?
Lots of teams have crazy concession items and lots of them will circulate photos of the more gonzo ones in the coming week leading up to the baseball season. The Braves, however, have been one of the more aggressive players in the gimmick concession item game in recent years, and they just sent around a release talking about some of the stuff they, and their concessionaire, Delaware North, will be serving at their new ballpark, Sun Trust Park, in 2017.
Among them:a blackened catfish po boy, which is a blackened 6-ounce filet of catfish cut up among three tacos, with a cajun remoulade. Some BBQ beef brisket sliders. A double burger. An ice cream bar. They’re also going to have a regionally-inspired thing called “The Taste of Braves Country,” showcasing southern cooking from Georgia, South Carolina, North Carolina, Tennessee, Mississippi and Alabama. Which they’re calling “Braves Country.” Accurate enough, I guess, even if some of us are old enough to remember when they aspired to be a national team. Alas.
The big item, though, is this one:
It’s called the “Tomahawk Chop” sandwich. It’s a fried pork chop with collard green slaw and white BBQ sauce. It serves four and costs $26. I’m guessing it tastes fantastic, but I think the name is pretty cringeworthy for the same reason the cheer which gives it its name is. And, given the dynamics of the Braves move to their new stadium, the choice of BBQ sauce is . . . amusing? I dunno.
Anyway, enjoy, Braves fans.
Ten days ago Nationals ace Max Scherzer said he’d be ready for the start of the regular season. “I’m gonna do it,” Scherzer said.
[Ron Howard from “Arrested Development” voice] — No, he’s not:
Nationals manager Dusty Baker said that Max Scherzer is not on track to be the team’s opening day starter, and will most likely open the season as the third pitcher in the rotation.
He’s still projected to make it to the opening rotation, taking the hill, most likely, on Thursday April 6 against the Marlins. At least if the schedule doesn’t slip any more.
Scherzer, as you probably know, has a stress fracture in the knuckle of his right ring finger, which has messed with his preparation and has caused him to alter his grip a bit. As of now Stephen Strasburg will get the Opening Day nod.