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Keywords

testimonytrademarkjudicial review
testimonytrademarkjudicial review

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Pro-Football, Inc. v. Harjo, 284 F.Supp.2d 96, 68 U.S.P.Q.2d 1225

Facts

Pro–Football, Inc. owns the Washington Redskins, a professional football team. In 1992, a group of Native Americans petitioned the TTAB to cancel the team's trademarks, arguing that the term 'redskin(s)' is disparaging. The TTAB ruled in favor of the petitioners, stating that the trademarks may disparage Native Americans. Pro–Football sought judicial review, arguing that the TTAB's decision lacked substantial evidence and that the petition was barred by laches.

Pro–Football, Inc. owns the Washington Redskins, a professional football team. In 1992, a group of Native Americans petitioned the TTAB to cancel the team's trademarks, arguing that the term 'redskin(s)' is disparaging. The TTAB ruled in favor of the petitioners, stating that the trademarks may disparage Native Americans. Pro–Football sought judicial review, arguing that the TTAB's decision lacked substantial evidence and that the petition was barred by laches.

Issue

The main legal issues were whether the TTAB's finding of disparagement was supported by substantial evidence and whether the defense of laches applied to bar the cancellation petition.

The main legal issues were whether the TTAB's finding of disparagement was supported by substantial evidence and whether the defense of laches applied to bar the cancellation petition.

Rule

The court applied the substantial evidence standard to review the TTAB's findings and considered the applicability of the laches defense in trademark cancellation cases.

The court applied the substantial evidence standard to review the TTAB's findings and considered the applicability of the laches defense in trademark cancellation cases.

Analysis

The court found that the TTAB's conclusions regarding disparagement were not adequately supported by the evidence presented. It noted that the TTAB had only made limited findings of fact based on expert testimony and survey evidence, which did not convincingly demonstrate that the term 'redskin(s)' was disparaging to a substantial composite of Native Americans. Additionally, the court determined that the laches defense was applicable, as there had been a significant delay in bringing the cancellation petition.

The court found that the TTAB's conclusions regarding disparagement were not adequately supported by the evidence presented. It noted that the TTAB had only made limited findings of fact based on expert testimony and survey evidence, which did not convincingly demonstrate that the term 'redskin(s)' was disparaging to a substantial composite of Native Americans. Additionally, the court determined that the laches defense was applicable, as there had been a significant delay in bringing the cancellation petition.

Conclusion

The District Court reversed the TTAB's decision, holding that the finding of disparagement was not supported by substantial evidence and that the suit was barred by laches.

The District Court reversed the TTAB's decision, holding that the finding of disparagement was not supported by substantial evidence and that the suit was barred by laches.

Who won?

Pro–Football, Inc. prevailed in the case because the court found that the TTAB's decision lacked substantial evidence to support the claim of disparagement and that the delay in filing the cancellation petition was unreasonable.

Pro–Football, Inc. prevailed in the case because the court found that the TTAB's decision lacked substantial evidence to support the claim of disparagement and that the delay in filing the cancellation petition was unreasonable.

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