Hail to the Redskins
Nearly four months after a federal judge ordered the cancellation of the Washington Redskins’ federal trademark registrations for disparaging Native Americans, the National Football League team is appealing with a provocative tactic: listing the names of porn, clothing and beer companies that use offensive language but nonetheless have the support of the U.S. Patent and Trademark Office.
The brief filed Friday, 30 October cites "the names of porn, clothing and beer companies that use offensive language, but nonetheless have the support of the U.S. Patent and Trademark Office.”
"The PTO has registered hundreds if not thousands of marks that the Team believes are racist, or misogynistic, vulgar, or otherwise offensive. By way of example only, the following marks are registered today: TAKE YO PANTIES OFF clothing; DANGEROUS NEGRO shirts; SLUTSSEEKER dating services; DAGO SWAGG clothing; DUMB BLONDE beer; TWATTY GIRL cartoons; BAKED BY A NEGRO bakery goods; BIG TITTY BLEND coffee; RETARDIPEDIA website; MIDGET-MAN condoms and inflatable sex dolls; and JIZZ underwear. These are not isolated instances. The government routinely registers pornographers’ marks: TEENSDOPORN.COM, MILFSDOPORN.COM, THUG PORN, GHETTO BOOTY, and BOUND GANGBANGS are but a few."
Thus the appeal raises two issues:
i. How can the government cancel the Redskins’ trademark but still support “Big Titty Blend” coffee?
ii. How can the government cancel a trademark — regardless of how offensive it might be — without infringing on the First Amendment?
The appeal includes additional examples.
"Other startling examples that would reflect government endorsement under the decision below include: SHANK THE B!T@H board game; CRACKA AZZ SKATEBOARDS; ANAL FANTASY COLLECTION, KLITORIS, and OMAZING SEX TOYS sex toys; HOT OCTOPUSS anti-premature ejaculation creams; OL GEEZER wines; EDIBLE CROTCHLESS GUMMY PANTIES lingerie; WTF WORK? online forum; MILF WEED bags; GRINGO STYLE SALSA; MAKE YOUR OWN DILDO; GRINGO BBQ; CONTEMPORARY NEGRO, F’D UP, WHITE TRASH REBEL, I LOVE VAGINA, WHITE GIRL WITH A BOOTY, PARTY WITH SLUTS, CRIPPLED OLD BIKER BASTARDS, DICK BALLS, and REDNECK ARMY apparel; OH! MY NAPPY HAIR shampoos; REFORMED WHORES and WHORES FROM HELL musical bands; LAUGHING MY VAGINA OFF entertainment; NAPPY ROOTS records; BOOTY CALL sex aids; BOYS ARE STUPID, THROW ROCKS AT THEM wallets; and DUMB BLONDE hair products. Word limits prevent us from listing more."
Ref: The Washington Post
Ref: Appeal of PRO-FOOTBALL, INC. v.
AMANDA BLACKHORSE; MARCUS BRIGGS-CLOUD; PHILLIP GOVER; JILLIAN PAPPAN; COURTNEY TSOTIGH, and the UNITED STATES OF AMERICA
DonDiego has a few questions of his own:
Where can DonDiego purchase BIG TITTY BRAND coffee?
Which retailers handle the SHANK THE B!T@H board game?
Do they offer the DANGEROUS NEGRO shirts in DonDiego's size?
Does one require a prescription to buy MIDGET-MAN condoms? [DonDiego is asking this for a friend.]
