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?

Ken Giles: ‘I’m actually enjoying the game more than I did for my entire tenure in Houston’

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Blue Jays closer Ken Giles hasn’t exactly turned things around since joining the Blue Jays on July 31, when the club sent embattled closer Roberto Osuna to the Astros. Giles posted a 4.99 ERA in 30 2/3 innings with the Astros, then put up a slightly less miserable 4.58 ERA in 17 2/3 innings with the Jays. Still, he’s much happier with the Jays than he was with the Astros, even after winning the World Series with them last year. He said to Rosie DiManno of the Toronto Star, “I’m actually enjoying the game more than I did for my entire tenure in Houston. It’s kind of weird to say that because I won a World Series with that team. But it’s like, I just felt trapped there. I didn’t feel like myself there. Overall, I felt out of place.”

Giles also said “the communication was lost” with the Astros and it was something that came easy with the Jays. He said, “When I came here, they stayed patient with me. I said hey, I want to work on this thing till I’m comfortable. All right. OK, I’m comfortable, let’s move on to this next thing. Pitching, you can’t just try to fix everything at once. For me, I had to take baby steps to get my groove back. The Jays allowed me to do that. Yeah, the team was out of contention, but it doesn’t matter. It’s still my career. I still have to prove myself. Them being so patient with me, understanding what I want to do, was very, very big.”

Giles, 28, has two more years of arbitration eligibility remaining. He has shown promise despite his overall mediocre numbers. In non-save situations this season (with both the Astros and Jays), he has a 9.12 ERA. But in save situations, his ERA is a pristine 0.38. Giles could be a closer the Jays find themselves leaning on as they attempt to get back into competitive shape. Since it sounds like Giles is quite enamored with Toronto and with the Blue Jays, a discussion about a contract extension certainly could be had.