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Government confiscates because of offensiveness

Posted by Grendol 10 years, 5 months ago to Government
47 comments | Share | Flag

I am not a fan of the NFL or most any sport. What I am concerned about here is that the US Trademark Office has confiscated Intellectual Property due to it being offensive, which is a violation of the first amendment to the constitution. If the government is allowed to confiscate private property due to it being offensive, where does this stop? The public might not shed a tear if the neonazis or the kkk lost their property due to confiscation but where does this stop? Who is next?
SOURCE URL: http://www.politico.com/story/2014/06/washington-redskins-trademarks-canceled-107990.html


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  • Posted by $ KahnQuest 10 years, 5 months ago
    I'm not a fan of the Redskins, and increasingly not one of the NFL, but this ruling is just wrong. Appealable as this ruling is, it is another step beyond crony capitalism, on our way to full-blown fascism.
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  • Posted by Technocracy 10 years, 5 months ago
    By the by....

    Where does the first amendment protect anyone from being offended?

    Freedom of speech protects ALL speech, offensive or not.

    Much of what I see or hear offends me but I don't have a right to shut them up.
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    • Posted by Retired24-navy 10 years, 5 months ago
      Everything Obama and his minions says upsets me. Can we seize their property and run them out. Ha-I would love to try. The Redskins should sue all the way to Supreme court or change name to Black Muslems.
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  • Posted by 10 years, 5 months ago
    Reading the US code on referenced
    "No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—
    (a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection with wines or spirits, identifies a place other than the origin of the goods and is first used on or in connection with wines or spirits by the applicant on or after one year after the date on which the WTO Agreement (as defined in section 3501 (9) of title 19) enters into force with respect to the United States. "

    The key thing in the law is the phrase "shall be refused registration". Once trademarked isn't it too late to 'refuse' the trademark? This is confiscation/revocation, not refusal. If they are allowed to ex post facto refuse something based upon the ever changing politically correct doctrine of the time, then what was safe decades ago is unsafe now. This standard for refusal is nebulous at best.
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  • Posted by $ jbrenner 10 years, 5 months ago
    Of course, this is highly offensive to anyone who believes in property rights. Perhaps Daniel Snyder should retaliate by renaming his team the Washington Black Holes or the Washington Pillagers (or Looters).
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    • Posted by robertmbeard 10 years, 5 months ago
      While any decision to rename the team is up to the owners, given the political assault against the Redskins, perhaps the best thing Dan Snyder can do is to give them what they want, accompanied by the following announcement:

      "In response to the inexplicable uproar concerning our team name by politicians in this town who want to distract our citizens from their numerous failures, I have decided to rename our team to something that more appropriately matches the nature of our city of Washington. I hereby rename the team to be the Washington Foreskins."
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      • Posted by $ jbrenner 10 years, 5 months ago
        I saw that nickname earlier, and I think it was you who proposed it. I do like the nickname. Their team certainly would be capable of screwing the other team over with that moniker. However, the Foreskins would not be accepted very well by the women in DC.
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  • Posted by sfdi1947 10 years, 5 months ago
    I note that some Native Americans find the names of some things offensive, I do not, I have examined my tiniest portion of Neshaminy (Algonquin) blood and I find Harry Reid offensive.
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  • Posted by Technocracy 10 years, 5 months ago
    Was this suit brought about by actual Native Americans or one of the usual suspects.

    If it was brought by a recognized tribe, then it should be addressed as a diplomatic incident if they are one of the tribes with soverign status. (A stupid arrangement in my opinion)

    So what to kids play now......

    Rodeo buckaroos and native americans?

    Political Correctness = THE worst cancer eating our country
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  • Posted by irrelevantcommentforpoint 10 years, 5 months ago
    I never realized until now the reason the american indians were defeated by the paleface. It wasn't the color of their skin. It was the thickness.
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    • Posted by khalling 10 years, 5 months ago
      what's going to happen now is theft. anyone will be able to print up merchandise with the official logo, funneling revenues away from the team into the hands of legal looters
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      • Posted by $ Mimi 10 years, 5 months ago
        Actually, no. This decision has no real teeth. https://finance.yahoo.com/news/experts-a...
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        • Posted by khalling 10 years, 5 months ago
          mimi, when last this happened the ruling was overturned. The makeup of the court is different now. There is significant cost in the appeal process. Since several Marks are at stake, the team can choose to settle.
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          • Posted by $ Mimi 10 years, 5 months ago
            Then it is important they start talking about the real issue--fundraising. Baltimore Raven’s owner gives money to democrat leaders in congress who all happen to support this cause. It’s an election year and the Dems want Bisciotti to start coughing up again. Who are those looking for contributions? Probably the fifty that put their name to the letter to Dan Synder of the Washington Redskins asking him to change his team's name. Why else did a native Marylander like Bisciotti give a donation to Harry Reid, a democrat from Nevada and a donation to Orrin Hatch, a republican from Utah in the last election? Besides being from the other side of the country and not a direct representatives of Bisciotti’s, those two couldn’’t be farther apart on the political spectrum, but they come together on this issue, and they both have large native indian populations to get behind this faux argument. And this just the money we can see on the table.
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      • Posted by $ jbrenner 10 years, 5 months ago
        Haven't I read about this sort of politicization of the Patent and Trademark Office before? Oh, that's right, it was in Pendulum of Justice by dbhalling and khalling. I invite (pun intended for those who have read the book) you to read how their persecuted hero handled it.
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      • Posted by teri-amborn 10 years, 5 months ago
        Actually, the theft will be done by our government under the guise of "reparations to the Native Americans".
        Our President was recently in North Dakota to stir up strife in the WILLISTON area at the Fort Berthold Reservation.
        Can you see what's coming next?
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  • Posted by superfluities 10 years, 5 months ago
    I wonder if a group of Indians will appear supporting the Redskins? They should at least offer discount season tickets and a special section on the 50 to all true Redskins as reparations...
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  • Posted by NealS 10 years, 5 months ago
    Much more problematic than following the law is not following the law, ignoring the one's we don't like. I used to believe in, "Obey the law, or cause the law to be changed." Today it seems to have little meaning, the saying, and the law.
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  • Posted by $ Mimi 10 years, 5 months ago
    It’s curious that the name became this urgent problem only since neighboring state Maryland founded the Baltimore Ravens in 1996. You see, a majority of the Redskin fans live in Virginia and Maryland. I can’t swear to it, but I think there are probably more fans for the Redskins than the Ravens living in Maryland.

    There is no doubt that people like me who grew up with the “Washington Redskins” will never watch them again if they have their name stripped. A brand’s logo and name is important part of the psychic that goes along with being part of a loyal base.

    The Ravens have gotten star-rock attention ever since becoming a team. They even gone to the Super bowl in their short history. The Baltimore Ravens have even benefitted by having Sandra Bullock star in a movie promoting their player Michael Orr. But you know what? At the the end of the day the Ravens are not the Washington Redskins and I think that is what this is really about. Divide and conquer.
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  • Posted by desimarie23 10 years, 5 months ago
    I'm so glad our government is focusing on the real issues in our country -_-
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    • Posted by Susannah 10 years, 5 months ago
      My first thought as well. With the world burning down around us, a president running illegally amok, borders more porous than a sieve, and an economy crashing like Niagara Falls all they can think to worry about is changing the name of a football team? To quote my daughter, "We are so effin' screwed."
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  • Posted by radical 10 years, 5 months ago
    Another example of "Social Justice." Will "Atlas Shrugged" lose its copyright because it "offends" the "poor?"
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  • Posted by wmiranda 10 years, 5 months ago
    Oh-oh, I'm afraid "Atlas Shrugged III- Now non-fiction" is in peril from these clowns. This reinforces my belief in term limits for all national office positions. That way politicians can serve their terms performing tasks necessary to run the country and not serving special interest groups to ensure their reelections.
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  • Posted by wiggys 10 years, 5 months ago
    here in Colorado it is legal to buy weed, therefore all who are now in jail in Colorado for possessing weed before it was legalized I think should be set free.
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  • Posted by Robbie53024 10 years, 5 months ago
    My guess is that this will be overturned by a court. Sometime in the past a similar argument was made but the item had been in existence for some number of years without problem. The reasoning that something once inoffensive couldn't change and become offensive.
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  • Posted by Hiraghm 10 years, 5 months ago
    From this post thread:
    http://www.galtsgulchonline.com/posts/88...

    I have it...

    Oklahoma was formerly the "Indian Nations".
    We have all kinds of tribes here.

    We recently got the Thunder basketball franchise (formerly Seattle Supersonics). We are due for our own football franchise. People whine that Dallas (200 miles) is too close, and there are too many OU fans (seems to me a weekend of highschool football on friday night, college on saturday, and pro on sunday would be darned popular....)

    But I think we're due.

    They should move the Washington Redskins to Oklahoma City. No name change would be necessary, I'm sure.

    Without following the link, can anyone tell me what "Oklahoma" means? :)

    http://www.statesymbolsusa.org/Oklahoma/......
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