Redskins Off Season things.

[MTK]

Originally Posted by JoeRedskin

Ouch. That's not a good thing for them. As a practical matter, I think that this means anyone can make and sell Redskins merchandise and DS cannot stop them. Not an end all and expect some type of non-Skins authenticator to show up on Redskins merchandise (i.e., under a corporate name acceptable to the Patent Office, Skins create a "Seal of Authenticity" which they stick to all there merchandise and tell folks to buy only that stuff "in order to protect the legacy and heritage of the Washington football team.")



Not an intellectual property guy but the decision probably gets upheld. Have to read it though.

Wouldn't the team still be protected while under appeal?

[Schneed10]

Originally Posted by Mattyk

Wouldn't the team still be protected while under appeal?

Yes the trademark remains in place until the appeals process is brought to bear.

[JoeRedskin]

Originally Posted by Schneed10

Yes the trademark remains in place until the appeals process is brought to bear.

Are you sure? Generally speaking, unless you specifically request an order to be stayed, it is in effect even if an appeal is pending.

Also, read bits and parts of the decision, and assuming arguendo that the Skins lose the appeal, the Skins still can assert the trademark even if it is not registered and seek damages from those who inappropriately use it. However, because it is can't be the PTO won't register it, the Skins are not entitled to triple damages and do not receive the benefit of submitting the registered mark as presumptive proof of an existing trademark.

So, it appears, they can still sue folks for using Redskins symbols, they just have to jump through a few extra legal hoops and don't get as much in damages. For an aggressive litigant like DS, I doubt that either of these limitations is likely to pose a problem for DS in the long run.