Last Monday, Pro-Football, Inc. petitioned the U.S. Supreme
Court to hear its case (Pro- Football, Inc. v. Blackhorse)
before the Fourth Circuit Court of Appeals rules on it, but only if
the Supreme Court grants certiorari in Lee v. Tam. Asking
the Supreme Court to take a case before the Circuit Court of
Appeals renders its decision is really rare. Almost as rare as my
having anything to say about sports. Which should soon be obvious,
if you keep reading.
As a reminder, here's the line-up: Pending before the U.S.
Court of Appeals for the Fourth Circuit is Pro-Football's
appeal from a district court decision affirming the TTAB's
decision to cancel Pro-Football's registrations for various
marks that include the term "Redskins" on the ground that
such term violates the anti-disparagement clause (Section 2(a)) of
the Lanham Act. Pro-Football's case has been fully briefed and
the parties had been waiting for the Fourth Circuit Court of
Appeals to schedule oral argument.
