Archive for the ‘Native American’ Category

In a decision released Wednesday, the office’s Trademark Trial and Appeal Board ruled that “these registrations must be canceled because they were disparaging to Native Americans.”

The Patent Office said it will continue to treat the patents as though they are valid while the team appeals the decision. The team has two months to do that, and the whole process could take years.

In the meantime, the Redskins can continue using the logos.

But the decision, if upheld, would make it harder for the team to claim ownership of its brand. If it wants to go to court against a counterfeiter making T-shirts with the team’s logo, for instance, it will be harder to show that the organization owns the brand. The team will have to illustrate that they have always used the logos, rather than relying official trademark registrations.

The decision came in response to a suit brought by five Native Americans.

“We are extraordinarily gratified to have prevailed in this case,” said Alfred W. Putnam, Jr., Chairman of Drinker Biddle & Reath LLP, which represented the five men and women.

The board also canceled the registrations in 1999, but a federal judge overturned that decision in 2003, saying there was no proof that the name was disparaging at the time of registration. Some of the patents date back to the 1960s.

Thanks to Pete Cuomo and Dr. Lutter for bringing this to the attention of the It’s Interesting community.

http://money.cnn.com/2014/06/18/news/companies/patent-office-redskins/index.html

R-wordredskins

It’s one of the NFL’s bigger rivalries, the Cowboys vs. the Redskins. And intentional or not, Sunday’s game occurs during Columbus Day weekend, deepening the meaning of a fresh conflict about whether “Redskins” slurs Indians, their leaders say.

More than 500 years after Christopher Columbus’ encounter with the natives of the Americas, any enduring uneasiness between Indians and mainstream society is exemplified by the controversy over the Washington Redskins name, which took a new turn last week when President Obama spoke of “legitimate concerns” that the mascot is racist, some Indian leaders say.

Team owners strongly dispute any racism behind the mascot and won’t change it, saying the Redskins name honors “where we came from, who we are.”

But many Native Americans contend it’s incredulous that a major sports team in the nation’s capital fails to see the word’s offensiveness, especially in a game Sunday whose rival mascots conjure up the bygone real bloodshed between cowboys and Indians. Some news outlets and sports writers agree and aren’t printing “Redskin” in their stories about the NFL team.

“After 500 years, it’s pretty unbelievable that this issue is at the forefront right now,” said Jason Begay, a Navajo who’s an assistant professor and director of the Native American Journalism Project at the University of Montana. “Even in the last 50 years (of the civil rights movement), we learned so much. It’s just ridiculous that this is an issue.”

The NFL team disagrees. In response, the Oneida Indian Nation of New York began airing this weekend a radio ad protesting the Redskins mascot in the Dallas Cowboys’ hometown. The ad, entitled “Bipartisan,” quotes how Obama, a Democrat, and Rep. Tom Cole, a Republican leader in the House, disapprove of the Redskins name.

Washington team owner Dan Snyder stepped up his defense of the moniker this month. Last spring, he told USA Today he will “never” change the name.

“Our fans sing ‘Hail to the Redskins’ in celebration at every Redskins game. They speak proudly of ‘Redskins Nation’ in honor of a sports team they love,” Snyder wrote in a letter to fans.

“After 81 years, the team name ‘Redskins’ continues to hold the memories and meaning of where we came from, who we are, and who we want to be in the years to come,” he continued.

“I respect the feelings of those who are offended by the team name. But I hope such individuals also try to respect what the name means, not only for all of us in the extended Washington Redskins family, but among Native Americans too,” Snyder said, citing several polls conducted in recent years that show that a majority of people do not want the name changed.

But American Indians like Begay worry about the normalization of an epithet. He’s also vice president of the Native American Journalists Association, which launched last month a media resource page on its website about offensive Native American mascots in U.S. sports.

“We’re on the verge of laying back and letting this name run rampant when we can actually make a difference, which is what we all should be striving for,” Begay said. “I’m glad to see there are so many organizations like NAJA and the (U.S.) President who are standing against it.”

Obama said last week that if he were the team’s owner, he would “think about changing it,” referring to the mascot.

Obama added that “I don’t know whether our attachment to a particular name should override the real, legitimate concerns that people have about these things.” The ad also airs a quote by Cole saying “the name is just simply inappropriate. It is offensive to a lot of people.”

The political leaders’ remarks are repeated in the radio ad advanced by the Oneida Indian Nation and its leader Ray Halbritter, who’s also CEO of Oneida Nation Enterprises, which operates a casino and other businesses.

Halbritter acknowledged his tribe’s “Change the Mascot” campaign faces an uphill struggle. He refers to the mascot as “the R-word,” without explicitly stating it.

“Well, history is littered with people who have vowed never to change something — slavery, immigration, women’s rights — so we think one thing that’s really great about this country is when many people speak out, change can happen,” Halbritter said.

When asked about other team mascots such as the Atlanta Braves, Cleveland Indians, Kansas City Chiefs and Chicago Blackhawks, Halbritter cited how “redskin” is defined in the Merriam-Webster Unabridged online dictionary as “usually offensive.”

“Let’s be clear. The name, the R word, is defined in the dictionary as an offensive term. It’s a racial epithet. It’s a racial slur. I think there is a broader discussion to be had about using mascots generally and the damage it does to people and their self-identity. But certainly there’s no gray area on this issue,” he said.

Halbritter asserted the word was born out of hatred — and referred to the long, ugly history between the native people of the Americas and the colonizers from Europe who followed Columbus.

“Its origin is hated, use is hated, it was the name our people — that was used against our people when we were forced off our lands at gunpoint. It was a name that was used when our children were forced out of our homes and into boarding schools,” he said. “So, it has a sordid history. And it’s time for a change, and we hope that — and what’s great is when enough people do recognize that, change will come.”

Fans are sharply divided about the issue.

A non-scientific online poll by the Washington Post shows 43% saying the team should change its name. But 57% say no, keep it. One respondent said the term is “a racist holdover from another day, a time when Indians were depicted as violent, ignorant, savages (by) whites (who largely were equally violent, ignorant and savage).”

But another respondent referred to political correctness and said: “The liberal PC society has gotten out of control, if you don’t like the teams name THEN DON’T WATCH THEM…!”

Redskins attorney Lanny Davis said the mascot is “not about race, not about disrespect.”

At games, he joins fans in singing “Hail to the Redskins” because “it’s a song of honor, it’s a song of tribute.”

http://www.cnn.com/2013/10/12/us/redskins-controversy/index.html?hpt=hp_c2

Washington-Redskins

It is time that the National Football League and NFL Commissioner Roger Goodell face the reality that the continued use of the word “redskin” is unacceptable. It is a racist, derogatory term and patently offensive to Native Americans. The Native American community has spent millions of dollars over the last two decades trying earnestly to fight the racism that is perpetuated by this slur. The fact that the NFL and Commissioner Goodell continue to deny this is a shameful testament of the mistreatment of Native Americans for so many years. It is quite obvious that once the American public understands why the word “redskins” is so offensive, they will know that the word should never be used again.

The origin of the term “Redskins” is commonly attributed to the historical practice of trading Native American Indian scalps and body parts as bounties and trophies. For example, in 1749, the British bounty on the Mi’kmaq Nation of what is now Maine and Nova Scotia, was a straightforward “ten Guineas for every Indian Micmac taken or killed, to be paid upon producing such Savage taken or his scalp.”

Just as devastating was the Phips Proclamation, issued in 1755 by Spencer Phips, Lieutenant Governor and Commander in Chief of the Massachusetts Bay Province, who called for the wholesale extermination of the Penobscot Indian Nation.

By vote of the General Court of the Province, settlers were paid out of the public treasury for killing and scalping the Penobscot people. The bounty for a male Penobscot Indian above the age of 12 was 50 pounds, and his scalp was worth 40 pounds. The bounty for a female Penobscot Indian of any age and for males under the age of 12 was 25 pounds, while their scalps were worth 20 pounds. These scalps were called “redskins.”

The question is quite simple: suppose that a “redskin” scalp that was brought for payment was your mother, your wife, your daughter, your father, your husband, or your son? The fact is Native Americans are human beings, not animals.

The current Chairman and Chief of the Penobscot Nation, Chief Kirk Francis, recently declared in a joint statement that “redskins” is “not just a racial slur or a derogatory term,” but a painful “reminder of one of the most gruesome acts of . . . ethnic cleansing ever committed against the Penobscot people.” The hunting and killing of Penobscot Indians, as stated by Chief Francis, was “a most despicable and disgraceful act of genocide.”

Recently, I and nine Members of Congress explained the violent history and disparaging nature of the term “redskins” in a letter to Mr. Dan Snyder, owner of the Washington football franchise. Similar letters were sent to Mr. Frederick Smith, President and CEO of FedEx (a key sponsor for the franchise), and to Mr. Roger Goodell, Commissioner of the National Football League.

As of today, Mr. Snyder has yet to respond. Mr. Smith ignored our letter as well, opting instead to have a staff member cite contractual obligations as FedEx’s reason for its silence on the subject.

Mr. Goodell, however, in a dismissive manner, declared that the team’s name “is a unifying force that stands for strength, courage, pride and respect.” In other words, the NFL is telling everyone—Native Americans included—that they cannot be offended because the NFL means no offense. Essentially, Mr. Goodell attempts to wash away the stain from a history of persecution against Native American peoples by spreading twisted and false information concerning the use of the word “redskins” by one of the NFL’s richest franchises.

Mr. Goodell’s response is indicative of the Washington football franchise’s own racist and bigoted beginnings. The team’s founder, George Preston Marshall, is identified by historians as the driving force behind the effort to prevent African Americans from playing in the NFL. And once African Americans were allowed to play in 1946, Marshall was the last club owner to field an African American player – a move he reluctantly made some 14 years later in 1962. It should be noted that Secretary of the Interior Stewart Udall and U.S. Attorney General Robert F. Kennedy presented Marshall with an ultimatum – unless Marshall signed an African American player, the government would revoke his franchise’s 30-year lease on the use of the D.C. Stadium.

Congressman Tom Cole, the Representative from Oklahoma, Co-Chair of the Congressional Native American Caucus, and a member of the Chikasaw Nation, states: “This is the 21st century. This is the capital of political correctness on the planet. It is very, very, very offensive. This isn’t like warriors or chiefs. It’s not a term of respect, and it’s needlessly offensive to a large part of our population. They just don’t happen to live around Washington, D.C.”

Congresswoman Betty McCollum, the Representative from Minnesota and Co-Chair of the Congressional Native American Caucus, states that Mr. Goodell’s letter “is another attempt to justify a racial slur on behalf of [Mr.] Dan Snyder,” owner of the Washington franchise, “and other NFL owners who appear to be only concerned with earning ever larger profits, even if it means exploiting a racist stereotype of Native Americans. For the head of a multi-billion dollar sports league to embrace the twisted logic that ‘[r]edskin’ actually ‘stands for strength, courage, pride, and respect’ is a statement of absurdity.”

Congresswoman Eleanor Holmes Norton, the Representative from the District of Columbia, states that Mr. Snyder “is a man who has shown sensibilities based on his own ethnic identity, [yet] who refuses to recognize the sensibilities of American Indians.”

Recently, in an interview with USA Today Sports, Mr. Snyder defiantly stated, “We’ll never change the name. It’s that simple. NEVER – you can use caps.” Mr. Snyder’s statement is totally inconsistent with the NFL’s diversity policy, which states:

Diversity is critically important to the NFL. It is a cultural and organizational imperative about dignity, respect, inclusion and opportunity . . . The overall objective of the [NFL’s] diversity effort is to create a culturally progressive and socially reflective organization that represents, supports and celebrates diversity at all levels.

It is critically important that the NFL promote its Commitment to Diversity, and uphold its moral responsibility to disavow the usage of racial slurs. Just as important is the moral responsibility of the NFL’s 31 other football club owners to collectively have the necessary courage to stand up and speak out against the use of this derogatory term. Mr. Snyder, more than anyone else in the NFL, should display greater sensitivity and appreciation for a people who have been maligned and mistreated for hundreds of years.

Ms. Suzan Harjo, President of the Morning Star Institute – a national Native American rights organization – and a member of the Cheyenne and Hodulgee Muscogee tribes, summed it up best when she stated: “[Redskins] is the worst thing in the English language you can be called if you are a native person.” This is not just a statement, but a direct invitation for Mr. Snyder and the NFL to do the right thing. I challenge Mr. Snyder to be reasonable, and to realize the harmful legacy that his franchise’s name perpetuates.

In an attempt to correct the long-standing usage of the term “redskins,” the bill H.R. 1278 entitled, “The Non-Disparagement of Native American Persons or Peoples in Trademark Registration Act of 2013” was introduced. This bill would cancel the federal registrations of trademarks using the word “redskin” in reference to Native Americans. The Trademark Act of 1946 – more commonly known as the Lanham Act – requires that the U.S. Patent and Trademark Office (PTO) not register any trademark that “[c]onsists of or comprises . . . matter which may disparage . . . persons, living or dead…or bring them into contempt, or disrepute.” 15 U.S.C. §1502(a).

Native American tribes have a treaty, trust and special relationship with the United States. Because of the duty of care owed to the Native American people by the federal government, it is incumbent upon the federal government to ensure that the Lanham Act is strictly enforced in order to safeguard Indian tribes and citizens from racially disparaging federal trademarks.

Accordingly, the Patent and Trademark Office has rejected applications submitted by the Washington franchise for trademarks which proposed to use the term “redskins” – three times in 1996 and once in 2002. The PTO denied the applications on grounds that “redskins” is a racial slur that disparages Native Americans.

In 1992, seven prominent Native American leaders petitioned the Trademark Trial and Appeal Board (TTAB) to cancel the federal registrations for six trademarks using “redskins.” The TTAB in 1999 ruled that the term “redskins” may, in fact, disparage American Indians, and cancelled the registrations. On appeal, a federal court reversed the TTAB’s decision, holding that the petitioners waited too long after coming of age to file their petition. A new group of young Native Americans petitioned the TTAB to cancel the registrations of the offending trademarks in 2006. The TTAB held a hearing on March 7, 2013. A final decision is pending.

H.R. 1278 is supported by a number of major Native American organizations, including the National Congress of American Indians (NCAI) – the oldest, largest and most representative American Indian and Alaska Native organization serving tribal governments and communities. Mr. Jefferson Keel, a member of the Chikasaw Nation and President of NCAI, stated that our efforts as Members of Congress will hopefully accomplish “what Native American people, nations, and organizations have tried to do in the courts for almost twenty years – end the racist epithet that has served as the [name] of the Washington’s pro football franchise for far too long.”

The Native American Rights Fund (NARF) – the oldest and largest nonprofit law firm dedicated to asserting and defending the rights of Indian tribes, organizations, and individuals nationwide – also supports the call to change the Washington franchise’s racist name. NARF recently issued a statement describing our efforts as “a clear signal that some [M]embers of Congress do not take anti-Native stereotyping and discrimination lightly. These Representatives now join Native American nations, organizations and people who have lost patience with the intransigence of the Washington pro football franchise in holding on to the indefensible – a racial epithet masquerading as a team name.”

Despite the Native American community’s best efforts before administrative agencies and the courts, the term “redskins” remains a federally registered trademark. It has been well over twenty years and this matter is still before the courts. This injustice is the result of negligence and a cavalier attitude demonstrated by an administrative agency charged with the responsibility of not allowing racist or derogatory terms to be registered as trademarks. Since the federal government made the mistake in registering the disparaging trademark, it is now up to Congress to correct it.

Congressman Eni F.H. Faleomavaega has represented the territory of American Samoa in the United States Congress since 1989. Faleomavaega is a member of the House Committee on Natural Resources, and serves on the Subcommittee on Indian and Alaska Native Affairs. Faleomavaega is also a member of the Congressional Native American Caucus.

http://indiancountrytodaymedianetwork.com/2013/07/30/its-time-change-redskins-racist-name