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?

Jake Arrieta was not a fan of Bryce Harper’s behavior last night

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As we noted, Bryce Harper was ejected in the Phillies-Mets game for arguing balls and strikes, punctuating the ejection with a fairly aggressive argument in which he sorta shoved his manager into the ump, had to be held back by teammates and may very well have earned himself a suspension.

We’ll see about the suspension part, but even if he didn’t anger Rob Manfred over all of that, he did annoy his teammate, Jake Arrieta, who was on the mound last night. Here were Arrieta’s comments after the game:

“Look, I mean, [Harper’s] got to understand we need him in right field,” Arrieta said. “I don’t care how bad the umpire is. He wasn’t great for either side. I’m out there trying to make pitches, and he misses some calls. So what? We need him out there. I need him in right field, I need him at the plate, and he wasn’t there. So that hurts.

“We were flat from start to finish. Two-hour delay, it doesn’t matter. We have to be ready to play. We weren’t, and it showed. The dugout was flat. The defense wasn’t good. Didn’t throw the ball well as a staff overall. We got beat. We started at 8:45. I don’t think our guys were ready to play. We’ve got to come out tomorrow ready to play.”

For Harper’s part he was contrite after the game, echoing Arrieta’s words about needing to keep a level head and about him being more useful in the game than in the clubhouse. Still, he got told by his teammate. And seems to know he got told.