Harjo et al v. Pro Football, Inc.

Harjo et al v. Pro-Football, Inc. v. , 30 U.S.P.Q.2d 1828, 1833, 1994 WL 262249, was a case before the United States Trademark Trial and Appeal Board, regarding six trademarks that contain or are derived from the word Redskins registered with the Patent and Trademark Office.[1]

Contents

Trademark Trial and Appeal Board

The plaintiffs were Suzan Shown Harjo (Cheyenne and Hodulgee Muscogee); Raymond D. Apodaca (Ysleta del Sur Pueblo); Manley A. Begay, Jr., Ed.D. (Diné); Vine Deloria, Jr., Esq. (Standing Rock Sioux, 1933–2005); Norbert S. Hill, Jr. (Oneida); William A. Means, Jr. (Oglala Lakota); and Mateo Romero (Cochiti Pueblo).[2]

After case was filed on September 12, 1992, Pro-Football, Inc. waited three months to filed a motion to dismiss the case. The defendants raised twelve defenses that included laches. On April 2, 1999, the three trademark judges of the PTO ruled unanimously in favor of the plaintiffs.[2]

District Court appeal

Pro-Football appealed the ruling in the United States District Court, by filing Pro-Football, Inc. v. Harjo. The District Court ruled against the Native American appellants on July 15, 2005 on two grounds: "The district court granted summary judgment to Pro-Football on two alternate grounds, holding that the TTAB should have found the Native Americans' petition barred by laches and that in any event the TTAB's cancellation decision was unsupported by substantial evidence."[3]

Supreme Court

The Native Americans appealed the district court ruling, on the grounds that the district court used the wrong standard in applying laches.[3] The US Supreme Court declined the plaintiff's petition for a writ of certiorari and refused to hear the Native American group's appeal.[4]

Follow up

Currently, Blackhorse et al v. Football, Inc., filed August 11, 2006, addresses the disparaging name of the Washington team and is not subject to the laches that affected the decision in Harjo et al v. Pro Football, Inc..[2]

See also

References

  1. ^ Pro-Football v. Harjo. National Indian Law Library, Indian Law Bulletins. 26 July 2006 (retrieved 14 Jan 2009)
  2. ^ a b c "Blackhorse et al V. Pro Football, Inc.: Case/Background Status as of 1/4/10." Morning Star Institute. 4 Jan 2010.
  3. ^ a b "Pro-football, Inc., Appellee v. Suzan S. Harjo, et al., Appellants." Justia.com: US Court of Appeals Cases and Opinions. (retrieved 14 January 2009)
  4. ^ Richey, Warren. "Washington Redskins Can Keep Team Name: Supreme Court Refuses Native Americans' Suit." Christian Science Monitor. 16 Nov 2009 (retrieved 14 Jan 2009)

External links