Yesterday, Senate Majority Leader Harry Reid (D-Nev.) took to the floor to talk about Pardon me, he went to talk about the Washington Redskins.
Speaking about the legally dubious ruling by the United States Patent and Trademark Office’s Trademark Trial and Appeal Board, Reid exclaimed:
“The writing is on the wall. It’s on the wall in giant, blinking, neon lights. The name will change and justice will be done for the tribes in Nevada and across the nation who care so deeply about this issue. The patent and copyright office today took away all the trademarks. The Redskins no longer have trademarks. They are gone.
“So as I understand the law, if the Presiding Officer wants to use the name Redskins and sell them shirts, she can do that. There is no trademark anymore for the Redskins…
“the U.S. Patent and Trademark Office said it is no longer—no longer—a trademark. They did that this morning.”
Except that this is not true. The Redskins will retain the trademarks throughout the appeal process, as they did after a 1999 decision by the same body to cancel their trademarks.
The TTAB fact sheet clearly states:
“This decision by the TTAB does not necessarily put an end to the larger dispute between the parties, as Pro Football, Inc. may seek review by a federal court of today’s decision. The registrations will remain “on the federal register of marks” and not be listed in the USPTO’s records as “cancelled” until after any judicial review is completed.”
The Redskins may have trouble winning on the field, but last time they faced the USPTO TTAB, they won on appeal. And the Majority Leader continues his streak of patently wrong statements on the Senate floor.
