July 16, 2005

What's in a name?

Though I spent much of my first 20 years of life outside the US, my family always returned to the Washington, D.C. area. I grew up a football fan, specifically a fan of the Washington Redskins. The games at old RFK stadium were magical for a kid - totally sold out, raucous fans, marching band, players like giants smashing into one another, and the fight song, played and sung each time the home team managed to score.

"Hail To The Redskins", borrowing the tune from the Notre Dame fight song.

Indian themes are what this team's image was built on many decades ago, and it's logo is instantly recognizable. I had pennants and posters, trading cards and jerseys, all with that famous face, famous stylized letter R, and the name.

Time to change it.

A court case challenging the Washington trademarks stalled two years ago, but was revived yesterday on procedural grounds.

Redskins Name Can Be Challenged
Appeals Court Ruling Keeps Trademark Battle Alive

By Karlyn Barker
Washington Post Staff Writer
Saturday, July 16, 2005; B01

Native American groups won another chance yesterday to challenge trademarks covering the name and logo of the Washington Redskins, which the groups say disparage millions of people.

The football franchise had appeared to prevail in the longstanding trademark fight when a federal judge ruled in its favor nearly two years ago. But yesterday the U.S. Court of Appeals said the case deserves another look because one of the plaintiffs might have been unfairly denied the right to pursue it.

"This keeps the case alive," said John Dossett, general counsel for the National Congress of American Indians, which represents 250 tribes.

The dispute involves six trademarks owned by Pro-Football Inc., the corporate owner of the team. The oldest is "The Redskins," written in a stylized script in 1967. Other trademarks were registered in 1974, 1978 and 1990, including one for the word "Redskinettes." The Native Americans said the trademarks should be taken away because they insult them and hold them up to ridicule.

The appellate ruling hinged on the question of whether the Native Americans waited too long to file their challenge. U.S. District Judge Colleen Kollar-Kotelly ruled in October 2003 that the seven plaintiffs had no standing to complain because they did not formally object until 25 years had elapsed since the date of the first trademark.

But the appellate judges found that one plaintiff still could have standing because he was only 1 year old in 1967. They sent the case back to Kollar-Kotelly for review.

The outcome ultimately could affect millions of dollars in sales of Redskins paraphernalia. With a federal registration for trademarks, team owner Daniel M. Snyder holds exclusive rights to use the team name and logo on T-shirts, caps and other items, worth an estimated $5 million a year.


Teams want to have an image fans can understand and get enthusiastic about. It's a method of team identity, and a great tool for marketing. But there is no reason on earth that a team name, images, and theme need be denigrating to Native Americans. Try supplanting "Redskins" with "Jews" or "Micks" or "Spics" and so on. It just doesn't play.

I propose Washington change the name to Warriors, a more generic term for a fighting force, one that does not rely on specific racial typing and cannot possibly be offensive in the manner Redskins is now. The team symbol could be revamped into a fierce visage designed to strike fear into opposing teams, or at least sell jerseys and tickets. This isn't rocket science, and nothing says a team's name is set in stone.

Years ago Abe Pollen, owner of the then named Washington Bullets NBA franchise decided to change the team name. At the time the city was in the top ten for murder rates in the entire US. Pollen felt it was not appropriate for a basketball team to carry the name of a bit of metal designed to kill people. The team held a contest and the winning name was Wizards. Goofy, as is the new logo, but it's only a basketball team.

He set the right example. The Washington NFL team should follow it.


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