3 ms·
As I understand it, the complaint isn't that the term is "offensive", but that it's "disparaging". Here's the USPTO decision for "Washington Redskins Potatoes"
by dalke 10y ago
As I understand it, the complaint isn't that the term is "offensive", but that it's "disparaging". Here's the USPTO decision for "Washington Redskins Potatoes" (quoting https://www.techdirt.com/articles/20140319/11225326627/uspto-again-redskin-cant-be-trademarked-because-its-horribly-racist-term.shtml https://www.techdirt.com/articles/20140319/11225326627/uspto... ):
> "Registration is refused because the applied-for mark includes matter which may disparage or bring into contempt or disrepute persons, institutions, beliefs, or national symbols," the decision, handed down on March 17, says. It concludes: "Given that "REDSKIN" in the mark is a derogatory slang term that refers to, and is considered offensive by, American Indians, registration of the applied-for mark must be refused" under the Trademark Act, a 1946 law that prohibits the trademarking of offensive or derogatory terms. The examining attorney's decision cites dictionary definitions of the word "Redskins" that say it is "usually offensive" or "offensive slang," and it also notes that groups like the National Congress of American Indians and the Oneida Indian Nation regard the word as a disparaging slur.
To my limited understanding, it appears that if the term "Viking" were a disparaging term, with a long history of being used that way, then the Minnesota Vikings could not trademark their name, even though the Norse are long dead, so cannot be offended.
- gnicholas 10y agoYou raise an interesting philosophical/linguistic question about the nature of "offensive." Certainly one has to exist to be offended, but I'm not 100% sure that means that something cannot be "offensive" if there is no one to be offended. For example, if you make a crude remark about a baby, or someone who does not understand your language, have you not said something that is "offensive"? Academics could argue about this (in peer-reviewed journals) for years. Regardless, you're absolutely right that the Vikings should have been listed also—can't believe I missed that one!
- dalke 10y agoWell, I was hoping to point out that "offensive" wasn't relevant. The trademark question is based on "disparaging", not "offensive".