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?

Diamondbacks, T.J. McFarland avoid arbitration

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Bob Nightengale of USA TODAY Sports reports that the Diamondbacks and reliever T.J. McFarland have avoided arbitration, agreeing on a $1.45 million salary for the 2019 season. McFarland, in his third of four years of arbitration eligibility, filed for $1.675 million while the Diamondbacks countered at $1.275 million. McFarland ended up settling for just under the midpoint of those two figures.

McFarland, 29, was terrific out of the bullpen for the D-Backs last season, finishing with a 2.00 ERA and a 42/22 K/BB ratio in 72 innings. While the lefty may not miss a lot of bats, he does induce quite a few grounders. His 67.9 percent ground ball rate last season was the third highest among relievers with at least 50 innings, trailing only Brad Ziegler (71.1%) and Scott Alexander (70.6%).

McFarland was dominant against left-handed hitters, limiting them to a .388 OPS last season, but the D-Backs deployed him nearly twice as often against right-handed hitters, who posted an aggregate .764 OPS against him. It will be interesting to see if the club decides to use him more as a platoon reliever in 2019.