The US Patent and Trademark Office has cancelled the trade mark
registration held by the Washington Redskins football team, on the
basis that the term "Redskins" is "disparaging to
Native Americans". US law prohibits the registration of
offensive or disparaging language as a trade mark.
This is a massive deal in the US – the Redskins have been
around since 1932 and are said to be worth $1.6 billion. The trade
mark has incalculable value. They will, of course, appeal this case
all the way to Olympus. And the Cleveland Indians will be hanging
on that outcome too.
In Australia, the law is less clear. The Trade Marks Act says a
trade mark can't be registered if it contains or consists of
"scandalous matter" or its use would be contrary to law.
There's no precedent for a ruling that a racially offensive
term is scandalous, but could it be said that its use may infringe
the Racial Discrimination Act in that it would be likely to offend,
insult or humiliate people of the
