5 ms·

Not sure 'apache' is quite the same as 'redskins'.

protomyth 12y ago
The Apache group of tribes probably have a much stronger case with an WPO or trademark claim now to get the name and website (apache.org).
- mjgoins 12y ago
  That's a different rationale, though. This trademark is being thrown out specifically because it is considered defamatory.
- apendleton 12y ago
  No they don't. This challenge wasn't based on someone else having rights to the name, and nobody gets the "Redskins" trademark now that the team has lost it. No property (physical, intellectual, electronic, etc.) has changed hands, and this decision doesn't set precedent for that to happen in the future. If the Apache group of tribes claimed that the word "Apache" was offensive, and managed to convince the USPTO that that was the case, maybe they could get the trademark rescinded, but that wouldn't mean they would get it for themselves, nor would it even mean the ASF would have to stop using the name, much less give up their website, only that they would no longer be able to sue other people for using it as well.
- pcl 12y ago
  Even if the Apache Software Foundation were to lose the trademark on the right to exclusively use that word in the software industry, that does not mean they would necessarily need to give up the domain. And bear in mind that trademark law does not aim to be a unique name registry. The trademark is issued in the context of the business. For example, the USPTO has trademarks registered for Apache helicopters and Apache skateboards, among others.
  - VLM 12y ago
    Speaking of apache helicopters, the .mil has the highest concentration of native american names I can think of of, mostly names for weapon systems. Those looking to "make a statement" can probably find the next lawsuit in that arena.
    - dragonwriter 12y ago
      Based on what law, exactly?
    - protomyth 12y ago
      uhm, given the very high percentage of Native Americans serving in the military, I would except one hell of a back lash if any group tried this.

The Apache group of tribes probably have a much stronger case with an WPO or trademark claim now to get the name and website (apache.org).

mjgoins 12y ago
That's a different rationale, though. This trademark is being thrown out specifically because it is considered defamatory.
apendleton 12y ago
No they don't. This challenge wasn't based on someone else having rights to the name, and nobody gets the "Redskins" trademark now that the team has lost it. No property (physical, intellectual, electronic, etc.) has changed hands, and this decision doesn't set precedent for that to happen in the future. If the Apache group of tribes claimed that the word "Apache" was offensive, and managed to convince the USPTO that that was the case, maybe they could get the trademark rescinded, but that wouldn't mean they would get it for themselves, nor would it even mean the ASF would have to stop using the name, much less give up their website, only that they would no longer be able to sue other people for using it as well.
pcl 12y ago
Even if the Apache Software Foundation were to lose the trademark on the right to exclusively use that word in the software industry, that does not mean they would necessarily need to give up the domain. And bear in mind that trademark law does not aim to be a unique name registry. The trademark is issued in the context of the business. For example, the USPTO has trademarks registered for Apache helicopters and Apache skateboards, among others.
- VLM 12y ago
  Speaking of apache helicopters, the .mil has the highest concentration of native american names I can think of of, mostly names for weapon systems. Those looking to "make a statement" can probably find the next lawsuit in that arena.
  - dragonwriter 12y ago
    Based on what law, exactly?
  - protomyth 12y ago
    uhm, given the very high percentage of Native Americans serving in the military, I would except one hell of a back lash if any group tried this.