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?
Former Red Sox right-hander Nathan Eovaldi is up for grabs this offseason, and Nick Cafardo of the Boston Globe says that as many as nine suitors are interested in bringing the righty aboard. While the Red Sox are eager to retain Eovaldi’s services after his lights-out performance during their recent postseason run, they’ll have to contend with the Brewers, Phillies, Braves, White Sox, Padres, Blue Jays, Giants, and Angels — all of whom are reportedly positioned to offer something for the starter this winter.
It wasn’t all smooth sailing for the 28-year-old in 2018, however. After losing his 2017 season to Tommy John surgery, he underwent an additional procedure to remove loose bodies from his right elbow in March and didn’t make his first appearance until the end of May. He was flipped for lefty reliever Jalen Beeks just prior to the trade deadline and finished his season with a combined 6-7 record in 21 starts, a 3.81 ERA, 1.6 BB/9, and 8.2 SO/9 through 111 innings.
Despite his numerous health issues over the last few years, Eovaldi raised his stock in October after becoming a major contributor during the Red Sox’ championship run. He contributed two quality starts in the ALDS and ALCS and returned in Games 1-3 of the World Series with three lights-out performances in relief — including a six-inning effort in the 18-inning marathon that was Game 3.
A frontrunner has yet to emerge for the righty this offseason, but Cafardo points out that the nine teams listed so far might just be the tip of the iceberg. Still, he won’t be the most sought-after starter on the market, as former Diamondbacks southpaw Patrick Corbin is expected to command an even bigger payday following his career-best 6.0-fWAR performance in 2018.