The recent ruling of the US Trademark Trial and Appeal Board
('the Board') that registrations for the trade
mark Redskins are to be cancelled because they
contain 'matter that is likely to disparage' made
headlines around the world. The Board found that some 30% of Native
Americans would be offended by the term, and that this qualifies as
a substantial proportion of the relevant class. It also held that a
defense of acquiescence or delay in challenging the registrations
('laches' as it's sometimes called) could not be
raised because this was a matter of public interest rather than one
that affected the interests of a single complainant.
The Redskins issue has, by all accounts, been
dragging on for some 20 years, and there is still no guarantee that
it is over. The Washington Redskins, the football team that owns
the registrations, can apparently still file an appeal. It is also
quite possible that, irrespective of what the final ruling is, the
team will simply
