Philip Bump, The Atlantic Wire:
It took tax evasion to bring down Capone. A Native American group hopes that another arcane economic law — trademarks — can do the same to the Washington Redskins.
Later today, the USPTO’s Trademark Trial and Appeal Board will consider if the NFL team should lose its federal trademark because it violates Section 2(a) of the Trademark Act, which bars any mark that
[c]onsists 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
The idea is that if the team loses the trademark, then third-parties will be free to flood the market with Redskins memorabilia. In essence, it would tank the value of the team, forcing Daniel Snyder to change the name.
I’m not Native American, nor am I familiar with the etymology of the word redskin, but it has always seemed like a rather offensive term. What if the Saints were called the Brownies, or if the Seahawks were called the Yellow Faces? At some point the intent should be outweighed by effect.