Redskins’ name spat goes back to society

WASHINGTON » The Washington Redskins aren’t in the clear with their team name just yet, even after the Supreme Court ruled Monday that the government can’t block trademarks on the basis that they’re offensive.

Supreme Court precedent may help the club in its ongoing legal battle, but the fight over the Redskins moniker will continue in social and business realms. The Redskins, Indians with their “Chief Wahoo” logo and other professional and college organizations featuring Native American nicknames and mascots cannot be censored by the U.S. government, but that doesn’t take the pressure off.

“Just because the Redskins may believe they’re in the clear or the Cleveland Indians or even some collegiate teams (think) they’re in the clear, that doesn’t mean that those that do business with the team, including its sponsors, are going to take their foot off the gas if they believe change is really required,” Southern Cal professor of sports business David Carter said. “A positive legal ruling may not yield beneficial business impacts in and around the sports business world because we’ve seen a heightened sensitivity over the years with this topic.”

The Supreme Court found that Simon Tam could trademark the Slants as the name of his Asian American rock band because it would be unconstitutional for the U.S. Patent and Trademark Office to discriminate against it, citing the First Amendment’s free speech protection.

The Redskins have a separate case that had been on hold in federal appeals court while the Slants decision was rendered. Owner Dan Snyder said he was “thrilled” by the ruling, and lawyer Lisa Blatt said it resolves the team’s dispute and vindicated its position.

St. John’s University intellectual property law center director Jeremy Sheff said while the Supreme Court has essentially shut the door on legal challenges to the Redskins name, “there can still be social pressure.”