Jun 18, 2014|
Patent office cancels Washington Redskins trademarks stating it is disparaging of Native Americans. Garland talks to WWL legal Analyst, Doug Sunseri, about the Redskins trademarks and Jimmy Graham arbitration process.
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Automatically Generated Transcript (may not be 100% accurate)
-- -- -- just it is I was going in the show. And in it's such a short story not true Reagan and Stan. But I think this report is saying that. Jimmy Graham's quarter and -- He himself. Called himself a -- and and question of course becomes does that affect. His. Body to be known as a wide receiver. And also the US patent office has canceled. The Redskins trademark registration. Another way it's worded at least in the first three paragraph. -- like that over the Washington Redskins -- Colin those bad name anymore and then you get down into -- two story. And it looks -- obviously which can be appealed and the owner of the Redskins in the letter says quote. We will never changed their name it's that simple never and you can use all caps. Better understand if we're always go to our -- Burton -- believed -- -- time for a with the very quick called this morning dogs and -- Double mobile legal analyst and host of all things legal Doug thank you so much you know we call drew the vertical small. -- I'll. Talk about Jimmy Graham perched. Is if for a Monday because this is -- one paragraph from port. If I'm understanding it and on his Twitter account. He called and so tight end -- that had been in legal ramifications. Yeah I think it I think it's very important. On if you are trying to. Label yourself as it wide receiver. In connection with the -- the app school salary or franchised there where hard work your -- Is very very important. As you know whether tried analog -- and I think it's definitely. A one and the factors in sales on and a on the management -- yeah and that's very important -- If he is in your and a and again at the there's two arguments it is with the NFL with -- -- a -- PA grants and has our lineup. As a lot -- I split all out but can't tackle box. And I split off so there will function as a lot. And at Celtic animal hole was to use and you know a lot became vaults. And end and a tight end now today. He's not playing with in the tackle pox they put themselves between a lot receiver and tackle maybe you've got five and fifteen feet all com. On the side of the tackles so they're strangers because. The U position -- ball doesn't change to label that your idea and I think it's I think you're very -- What he's saying you know one when he -- Camelot receive more receiver but Mercer I'll -- So I think it's definitely. Expect it from an emotional standpoint. Decade. Correct. Or in favor the and I'll. In dug for the privilege just to -- and you say that. That could have been -- on the controversy -- Absolutely packed social media's had a profound impact of in that litigation process you know I'm not just -- cramp at all complicates this. A lot of time -- you know as wars. First thing we do -- we do -- need to go to school social media. And find out the background that particular person and she did things for information to help that helped or prosecuting crime or as a crime against it to a person. There really isn't all -- proceedings -- -- it's illegal received. But it provide evidence would provide impeachment evident when he we -- And one of the things -- do you can bestow upon -- whatever -- say. You're considering yourself and wide receivers are correct yes -- -- You're part of democracy -- to act anybody's football out as generally do that. And and you know what -- A copy of the social media Twitter accounts that -- -- you read you designate yourself. At a football where you know he's gonna -- -- So you see -- Undermines that argument. That I consider myself a type that I tell him China I mean a lot -- functions are markers. And so that's true. Why do you -- felt that idea. So all and -- just. Of the entire argument the partner now argument as to -- -- so I think it's got a very big impact. On. -- the outcome. It bug you or his lawyers and you knew when he went on the stand when he went -- question. It would get that pushed more ball would you telling the senate. -- it very difficult to call -- dollar camcorder maker. Army -- that that that not only you could say in the other day as well. No matter you label me. I function as a wide receiver. You know lineup in May traditionally a wide receiver spot six there of course parched. I did not do the traditional. Are. Active duties that they are tight and such as blocking you know all. And you know used to substantive. Argument that you aren't covered by quarterbacks. That. You would use this. -- function as the waters it doesn't matter what label you put on me that's the way -- function and by change you know so we're here to determine. Our. You wouldn't -- actually. Functioning has not the label that a New York apartment or myself as a patched. So again calm you know that that's where isn't really pick transported view is really eagle form. In trying to take it shot -- thing you want receiver because if he loses he's in the spring quite as well wars franchise today trying to. All right let's move Warburg bill this move this morning to 10 o'clock eastern time. -- -- off canceled Redskins trademark registration. Tooting your ego at the owner Daniel Snyder's and we're we're never gonna change and they Perry and this story never gonna happen. And secondarily. Of course of Redskins are you know people the of the ruling. And if they did is a panel to questions won't went out number two wouldn't Roger Goodell Hannibal actually notes and later. Well it is going to be very complicated because this ruling basically states that. And after all ending its ties starter could not. And I must say -- not in a financial sense. Exploit. The trademark. To. Do it do make money off -- other -- they would not be the sole. Our license a war. The Redskins trademark -- anybody else can take at trade market on there sure they concluded on their products. And sell it. And dot com and and they would no role he would be due back to war should -- -- so this doesn't. -- Redskins should change its main issue is saying we -- able. Some too good that's a big chunk of money -- It would -- that would be a problem with wooden -- -- Spared their trademark would not be productive protected and other than you know other vendors other consumers are the businesses could exploit that trademark and not. You know hole anything back to the rescue so. Basically. He -- that trademark anybody wants to use their trademark in the context of football or professional football team have to get written permission for him. Ball and it now. If that ruling stands which is it's gonna go to DC appeals court have been captured migratory US wrinkle or at all over. -- that stand than anybody could exploit. That. Trademark and being a starter and Redskins -- lose that exclusivity. In intact and for profit. -- gold this issue with the Redskins should jokes and minutes -- for the show yeah. And -- -- where this came Rome but -- do you moves to the median today you never -- correct. But it was introducing -- said. In 2005. There's an Indian language scholar. At the Smithsonian institute needed a multi years starting. And -- repair corporate news here. But he basically said. The word -- in that patrol origin of the word is entirely been nominated. He -- learned to. Redskins had not emerged person English short in the European language. The English -- and -- derive from native American praises. Involving the color red in combination with turn four flushed skin and man. -- that type thing. A fact as the -- appeal. Toward your take this type -- to audiences and it really is not derogatory. And its origin. Absolutely in fact the question that first issue that to Brett in law is whether whoever -- this challenge. To the Redskins trademark. Can't stand because what they're at with things we -- -- directed straight at it people challenged. Or that group that challenge destroyed more. Speak to the entire. Native American population. All are aren't -- special interest an -- right divergence. Within -- neighbor that. American population. As to whether this is offensive and so on the attack in 2002 -- saint claim was filed. They prevail at this level in the trademark call this and then when he went to -- on the east -- circuit restrain the like that's. I'll decline. Doesn't -- sustaining. This circuit before a packed all that could they don't speak of the entire native American quite. So that's probably going to be the first argument that -- be all argued on appeal while this doesn't. And it doesn't speak on native Americans on this issue. In the -- member critically it's only five native Americans and and -- days if they're gonna hire lowered her. And do this again. Wouldn't the -- the lawyers say well we got precedent in this case he's if you guys doing due you've got to have the state and. Bright and that's exactly what they're going to set in in what they gonna do is make sure that these they mentioned the study -- of law. That you know that the origin. A nickname is not racist or offensive or -- steer or we don't whatever language we use in the second thing is. It is a probably a lot of -- native Americans. With who or not a. And it ended in an innate -- consider -- -- but nine pain and. And so they don't they're not representative. Of the entire. Native American population and so -- I think it is going to be very hotly contested. And I think gain insiders insist on a -- in the -- -- unprotected. My trademark in you see one thing to is very important from an economic standpoint. He's trademarks. Well gold to the NFL teams I mean that is one probably the most important identifying. Intellectual property that -- that were there that sell millions and millions of dollars. To lose that trademark would be also planning to blow to -- reg. -- and that's what regardless. Whether he says he would never change it or not and eventually he's got a B ports to an absolutely I give away his trademark. I'd give you example you take it can achieve our Kyra and you put it Nike swoosh on. What is the difference no doubt that should indeed had a doubt Nike is really it will swoosh. That is probably -- greatest asset. It is no different for NFL team he'd think about Albie you know help teens and how they are identified -- you know example and a -- should. The NFL shield is gold and in order to put that on any type of product you have to pay huge world and you can't. Obstructed bomb struck issue Japanese and -- at all approved by the NFL. Trademarks or with a goal in -- probably the most valuable aspects of it there calm but there. -- -- -- -- And so com -- from financed from a financial aspect. That would be. He -- protect it from there because if you start all over with a new trademark you lose all that it will. You lose all -- name recognition. You -- all that tradition. 1932. So. There's a -- visit definite financial investment that in our protect. Doug once again and you feel -- all over again thanks so much for a -- our own storied -- short board of good. All right take care and I'm coming right back or it could were talking about Jimmy Graham who's wouldn't count allegedly reportedly called and -- -- and the wide receiver. We decide our Deborah bill legal -- saying that and it could sway the you know argument that he's involved in with the saints. And at the same time. You have patent office does tend to root against trademark registrations. In the name Redskins is disparaging. But of courses has happened before and it's been knocked down in appeal. And that's exactly what the owner of the Redskins. Is going to give them at least appeal the --