Aug. 15, 2006
COMMENTARY: American Indians Fighting to Cancel Washington Redskins
Trademark
By Jim Kouri
Special to Huntington News Network
Six American Indians have filed a joint petition with the Trademark Trial
and Appeal Board (TTAB) of the U.S. Patent and Trademark Office for
cancellation of the Washington Redskins football organization (Pro-Football,
Inc.) trademarked term "Redskins."
A similar petition was filed in 1992 by a group of prominent Native American
leaders. Both petitions call for the cancellation of the federal
government's registration of all related trademarks because their use is
disparaging to Native Americans.
The petitions cite extensive evidence concerning the history of the use of
the term "Redskin" and public perception of the objectionable term. Both
sets of petitioners are represented pro bono by the law firm of Drinker
Biddle & Reath.
"This public act of allegiance by Native American youth with the efforts of
their elders to combat intolerance is truly heroic and reflects a courageous
willingness on the part of these young people to protect Native peoples from
slurs and vulgarities," said Suzan Shown Harjo (Cheyenne and Muscogee), lead
petitioner in the original case and president
of The Morning Star Institute, a non-profit American Indian advocacy group.
"The term 'Redskins' is an extraordinarily insensitive and derogatory term
and one that should not be granted exclusive trademark licenses by the
federal government," Harjo said.
"In concert with our original purpose, this new, younger group of Native
Americans hopes this legal action will convince the Washington team owners
and others that disparaging terms should be consigned to museums and history
books."
The original petition was brought in 1992 by a group of Native Americans
from across the country. In 1999, the TTAB canceled the "Redskins"
registrations on the grounds that the term was disparaging.
But Pro-Football, Inc. appealed to the U.S. District Court for the District
of Columbia, which in 2003 reversed the TTAB's decision on disparagement.
Legal scholars believe that this case, and others that are similar and deal
with professional sports teams, will eventually be decided by the US Supreme
Court.
* * * *
Jim Kouri is currently fifth vice-president of the National Association of
Chiefs of Police and he's a staff writer for the New Media Alliance
(thenma.org). He's a former chief at a New York City housing project in
Washington Heights nicknamed "Crack City" by reporters covering the drug war
in the 1980s. In addition, he served as director of public safety at a New
Jersey university and director of security for several major organizations.
Kouri has appeared as on-air commentator for more than 100 TV and radio news
and talk shows including Oprah, McLaughlin Report, CNN Headline News, MTV,
Fox News, etc. His book “Assume The Position” is available at Amazon.Com.
Kouri's own website is located at http://jimkouri.U.S.







