- What is the meaning of the matter in question, as it appears in the marks and as those marks are used in the connection of goods and services?
- Is the meaning of the marks one that may disparage Native Americans?”
In establishing disparagement, the Board ruled the first prong of the test met as the term REDSKINS within the registered mark [at the time of registration] did refer to Native Americans. Second, the Board found the term REDSKINS to be disparaging during the relevant time period upon reviewing evidence presented by Petitioners, including linguistic analysis of the word and views of the referenced group. Therefore, a cancellation of the trademarks was appropriate.
Amanda Blackhorse, Marcus BriggsCloud, Phillip Gover, Jillian Pappan and Courtney Tsotigh v. ProFootball, Inc., Cancellation No. 92046185 (TTAB June 18, 2014) [Kuhlke (opinion), Cataldo and Bergsman]