Trademarks and Native Americans

Law.com has an interesting article (by Jeremy T. Elman of McDermott Will & Emery) on a group of Native American activists using trademark law to try and cancel the trademark registrations of the Washington Redskins.  The activists argue that the Redskins trademark was disparaging to Native Americans under 15 U.S.C. §1052(a).  Under § 1052(a), a trademark can be cancelled if it "may be disparaging" because it brings a group into "contempt or disrepute."

Tags: trademark, disparagement, Native Americans, Washington Redskins