TTABlog Collection of Section 2(a) Disparagement Cases

Oral argument was heard on March 7, 2013 in the REDSKINS disparagement case, Blackhorse v. Pro Football, Inc., Cancellation No. 92046185. This proceeding is the latest chapter in the long-running battle over the REDSKINS trademark registrations. It was commenced in 2006 when a new petition for cancellation was filed by six Native Americans, seeking to knock out the REDSKINS registrations on the ground of Section 2(a) disparagement. The six new petitioners had “only just recently reached the age of majority,” and therefore were not affected by the previous rulings of the courts that laches barred the claims of the prior petitioners. [See TTABlog postings here, here, and here].

Set out below is a list of TTABlog postings in other Section 2(a) disparagement cases. Perhaps the SQUAW decisions have some relevance to the REDSKINS case, although the former was an ex parte appeal. Note that SEX ROD was found to disparage the Red Sox but BASEBALLS EVIL EMPIRE did not disparage the Yankees. That's because the YANKEES embraced the latter mark, but the RED SOX did not embrace the former.



Disparagement found:

• TTAB Affirms 2(a) Disparagement Refusal of STOP THE ISLAMISATION OF AMERICA
• Precedential No. 9: Divided TTAB Panel Affirms 2(a) Disparagement Refusal of "KHORAN" for Wines 
• Precedential No. 52: TTAB Affirms 2(a) Disparagement Refusal of "HEEB" for Clothing and Entertainment Services 
• Precedential No. 41: Red Sox See No Humor in "SEX ROD" for Clothing; TTAB Finds Lack of Bona Fide Intent and Deems Mark Vulgar, Disparaging
• Citable No 30: At PTO's Request, TTAB Reconsiders and Partially Reverses "SQUAW" Disparagement Ruling 

Disparagement not found:

• Precedential No. 31: TTAB Dismisses U. Alabama Opposition to HOUNDSTOOTH MAFIA & Design for Clothing
• Yankees Win! TTAB Sustains Opposition to "BASEBALLS EVIL EMPIRE" on Confusion and False Association Grounds
• TTAB Reveses 2(a) Disparagement Refusal of CHINA FREE & Design for Vitamins
• DYKES ON BIKES" 2(a) Refusal Withdrawn by PTO
• TTAB Reverses Section 2(a) Disparagement Refusals of "SQUAW"

Text Copyright John L. Welch 2013.