Chief Wahoo, you’re on notice: The U.S. Patent and Trademark Office cancels the Redskins trademarks

218 Comments

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?

Joe Musgrove shut down with ab discomfort

Joe Musgrove
Getty Images
1 Comment

Pirates right-hander Joe Musgrove is done for the year after suffering an abdominal wall muscle strain and stress reaction in his pelvic bone. While he isn’t expected to undergo surgery or miss additional time in 2019, he’s been prescribed six weeks of rest before resuming any baseball-related activities.

Musgrove, 25, finished out his third year in Pittsburgh with a 6-9 record in 19 starts, backed by a 4.06 ERA, 1.8 BB/9, and 7.8 SO/9. Despite logging a career-high 115 1/3 innings at the major league level, he’s also been dogged by a string of injuries, from the shoulder strain that robbed him of eight weeks at the start of the season to an index finger infection that kept him sidelined for a minimum 10-day stay on the disabled list in June.

While he works his way back up to full strength yet again, rookie right-hander Nick Kingham is expected to cover for him and will make a spot start during the Pirates’ series finale against the Brewers on Sunday. The 26-year-old righty hasn’t started a single game for the team since August 1, and currently carries a 4.69 ERA, 2.7 BB/9, and 8.1 SO/9 over 71 innings out of the rotation and bullpen.