Wednesday, June 19, 2013

Latest news, weather and high school sports for Albany and Southwest Georgia

Appeals court sides with Redskins over trademark
Posted: 05.15.2009 at 12:46 PM
1
Photo

WASHINGTON (AP) — The Washington Redskins won another legal victory Friday in a 17-year fight with a group of American Indians who argue the football team's trademark is racially offensive.

The decision issued Friday by the U.S. Court of Appeals in Washington doesn't address the main question of racism at the center of the case. Instead, it upholds the lower court's decision in favor of the football team on a legal technicality.

The court agreed that the seven Native Americans waited too long to challenge the trademark first issued in 1967. They initially won — the U.S. Patent and Trademark Office panel canceled the trademarks in 1999 — but they've suffered a series of defeats in the federal courts since then.

U.S. District Judge Colleen Kollar-Kotelly overturned that decision in 2003 in part because the suit was filed decades after the first Redskins trademark was issued. The U.S. Court of Appeals then sent the case back to Kollar-Kotelly, noting that the youngest of the plaintiffs was only 1-year-old in 1967 and therefore could not have taken legal action at the time.

Kollar-Kotelly issued a new ruling last summer that rejected that argument. She wrote that the youngest plaintiff turned 18 in 1984 and therefore waited almost eight years after coming of age to join the lawsuit.

The judge did not address whether the Redskins name is offensive or racist. She wrote that her decision was not based on the larger issue of "the appropriateness of Native American imagery for team names."

A three-judge panel of the appeals court upheld that decision Friday.

The plaintiffs have a backup plan: A group of six American Indians ranging in age from 18 to 24 filed essentially the same lawsuit two years ago, but the new case has been on hold until this one was resolved.

Popular Stories
Thumbnail
Drug unit arrests two and looking for a third
Courtney Highfield  |  Today at 11:48 AM  |  1 comment
Thumbnail
Operation Run or Gun aims to keep streets safe
FOX 31 News Team  |  Today at 10:02 AM  |  1 comment
Thumbnail
Child death investigation in Albany
Jessica Fairley  |  Yesterday at 5:55 PM  |  5 comments
Follow My Southwest GA
Get news and weather notifications on your phone by downloading the iPhone or Android app below
Sign up to get alerts and updates for breaking news, severe weather, and deals:
submit
ADVERTISEMENT
Special Features
Legal
Finding the right lawyer to handle your needs is important.
Win a booster seat!
Click above for your chance to win a booster seat and get safety tips for your child!
Bright Side
Spreading the good news around Southwest Georgia!
ADVERTISEMENT