By Brenda Lopez Romero
Impunity Watch Reporter, North America

WASHINGTON, D.C. – The United States Supreme Court declined without comment to hear the case Harjo v. Pro-Football, Inc, ending a two-decade long legal battle. Even if the advocates had won, the legal grounds were decided on a procedural issue and therefore the team would have only lost trademark protection, but would not have been forced to change its name. The team is firm in its stance that it will not and would not change the team name. 

The Petitioners only asked the Supreme Court to review whether the claim could be barred by laches when a suit is brought too late, and not whether the nickname was offensive. They cited a written decision by Justice Alito that supported the view that offensive trademark claims could be brought at any time, from the U.S. Court of Appeals for the Third Circuit. The petitioners argued that the “Redskins” logo and mascot was not worthy of trademark protection, because it was very racially offensive and discriminatory. The Petitioners hoped to have a lower court’s procedural ruling that barred their suit based on time limitations.

Robert Raskopf, attorney for the Native American legal team, said “Obviously, we’re quite pleased; it’s been a long road. We’re not surprised the court didn’t see any issue worthy of review.” However, the advocates are disappointed. Speaking  about the new challengers of the same trademark issue but with slightly different circumstances, Raskopf said “I think we’re very confident with our likelihood of success.”

 

The respondent, the sports team, have defended the use of the logo, stating that Native Americans should feel honored and not disparaged. In its legal brief, the team wrote that the name was “in honor of the team’s head coach, William ‘Lone Star’ Dietz, who was a Native American.”

Nonetheless, in an amicus brief Native American associations wrote that the Redskins name is “patently offensive, disparaging, and demeaning and perpetrates a centuries-old stereotype.”

For more information, please see:

Associated Press – Court Won’t Hear Complaint About Redskins Name – 17 November 2009

Wall Street Journal – Get Rare Win Over Name in Court – 17 November 2009

Washington Post – Court Won’t Hear Redskins Case – 17 November 2009