The United States Patent and Trademarks Office (USPTO) has t

Chiro Rambo Geregistreerd op: 09 Apr 2019 Berichten: 240

The United States Patent and Trademarks Office (USPTO) has today ordered that six Redskins trademark registrations be cancelled on the basis that they are "disparaging to Native Americans". Cheap MLB Jerseys Authentic . Five Native Americans initiated the cancellation proceeding pursuant to the U.S. Trademarks Act, which "prohibits registration of marks that may disparage persons or bring them into contempt or disrepute." There has been some talk that the registrations have been cancelled, that the Redskins have lost all their trademark protection and that anyone can now go out and start selling Redskins merchandise without the permission of the team. All that is wrong. The trademark registrations have not been cancelled as of yet. The ruling was to cancel the registrations, but they remain in good standing, and will for some time. Challenging the decision will buy the Redskins time. The team will appeal the decision, and in the meantime, the trademark registrations will remain active. The Redskins can appeal the decision to the Court of Appeals for the Federal Circuit. They may also start a court action in District Court for the District of Columbia. They may also request reconsideration of the decision with the USPTO. Expect the Redskins to take its case to District Court since that will give them the opportunity to introduce new evidence. At the Court of Appeals level, they cant submit new evidence; rather the court is stuck with the record from the original hearing. On to the big issue: does the cancellation mean that the Redskins lose their trademark rights? The ruling to cancel the trademark registrations does NOT strip the team of its trademark rights or its ability to stop unauthorized parties from using the Redskins marks. The Redskins have acquired what are called common law trademark rights. These are trademark rights that arise by virtue of the use of the mark in the marketplace. By "use", I mean things like jersey sales and the mark appearing in TV broadcasts and online. And heres the key: common law trademark rights are enforceable and the Redskins could rely on them to stop a third party from making unauthorized use of its marks. This means that the team does not need a trademark registration to stop someone from making unauthorized use of its marks. Common law rights can be relied upon to do just that. While there are important differences between registered and common law trademarks as far as scope of protection, the fame of the Redskins mark together with national sales and use place the Redskins in a good position to stop others from using their marks. So if some guy in Wisconsin starts selling product with the Redskins trademark on it without the permission of the team, he should expect to receive a cease and desist letter from the team, and failing his agreement to stop, he could face a lawsuit. Apart from trademarks, the Redskins could also sue for copyright infringement if someone makes unauthorized use of their logo or stylized word mark. The decision of the USPTO relates only to trademarks and has nothing to do with copyright. While the potential cancellation is not fatal to the ability of the Redskins to enforce their rights, this is yet another blow to the Redskins team name. The pressure on the team and league to change its name continues to mount with no end in sight. Indeed, the question may not be if the team changes its name, but when. Cheap Pittsburgh Pirates Jerseys . Reimer is winless (0-2-1) since returning from a six-week absence due to concussion-like symptoms. The Maple Leafs dropped a 4-2 decision to the hosting Washington Capitals on Friday. Cheap Kent Tekulve Jersey . -- Adam Tambellini scored three times and set up one more as the Calgary Hitmen won their sixth in a row by crushing the host Lethbridge Hurricanes 8-1 on Saturday in Western Hockey League play. http://www.cheappiratesjerseys.com/ . -- The NFL cancelled its Hall of Fame game between St.PITTSBURGH -- The Pittsburgh Pirates came up with a second straight comeback win. "Youve got to believe, though. Can you have faith?" said Jordy Mercer, whose pinch-hit double in the seventh inning tied the score. The next inning Neil Walker hit a two-run double to cap the comeback from a five-run deficit as Pittsburgh beat the Toronto Blue Jays 8-6 on Saturday night. The Pirates erased a 5-3, ninth-inning deficit in a win over the Blue Jays on Friday and clawed back from deficits of 5-0 in the fourth a 6-2 in the seventh Saturday. Aaron Loup relieved R.A. Dickey after Clint Barmes leadoff double in the seventh, and the Pirates tied the score on Josh Harrisons RBI double, Pedro Alvarezs run-scoring groundout and Mercers two-run double. "It just blew up on us," Blue Jays manager John Gibbons said. "I cant tell you anything more than that." The game-tying hit was a longtime coming for Mercer, who entered the game with a .151 batting average and hadnt driven in a run since April 15. "I know everybody here has my back so I dont think its really a confidence issue," Mercer said. "I think getting a hit for the team was bigger than anything." One inning later, Ike Davis reached on a one-out infield single against Todd Redmond (0-3), Harrison singled and Walker hit a drive off the top of the wall in centre field. "Tonight was one of the nights we didnt play real great defence, we didnt pitch real well, but somehow we found a way to win in the end," Walker said. "It doesnt have to be pretty." The Pirates could have boosted their lead in the ninth, but Starling Marte lined out to first against Chad Jenkins with the bases loaded. Bryan Morris (3-0) pitched a perfect eighth, and Mark Melancon earned his first save of the season in place of injured closer Jason Grilli, retiring Colby Ramus on a game-ending groundout with two on. Pittsburgh, which overcame four errors, won consecutive games for the first time since beating St. Louis and the Chicago Cubs on April 6 and 8. Torontos Jose ;Bautista hit his ninth homer of the year, extended his hitting streak to a career-high 13 games. Cheap MLB Jerseys. He set a Blue Jays record by reaching base in a 30th consecutive game. "I dont think that were going to start pointing fingers at anybody just because weve lost a couple games in a particular fashion," Bautista said. Dickey allowed three runs, five hits and four walks, lowering his ERA to 5.01. "Hes a quality pitcher, an All-Star, hes won 20 games in the big leagues and he was on tonight," Pirates manager Clint Hurdle said. "So as soon as hes out, its just better. Its no knock against anybody else, its just going to be different." Pirates starter Francisco Liriano gave up five runs -- four earned -- six hits and three walks in 3 2-3 innings, the second straight start he failed to reach the fourth. "I was trying to throw my sinker down and away and just missed my spots," Liriano said. Toronto built its early lead on Jose Reyes RBI double in the third and a four-run fourth that included Brett Lawries run-scoring double over Marte in left, Rasmus RBI single, Steve Tollesons run-scoring, double-play grounder and a bases-loaded walk to Melky Cabrera. Pittsburghs comeback began in the fourth when Dickey threw a run-scoring wild pitch, and Barmes hit an RBI groundout. "Were a little bit shell-shocked right now," Gibbons said. "But weve got to turn it around. Heck, its the start of May." NOTES: The Blue Jays removed RHP Sergio Santos from his role as interim closer after he blew three of his past four save opportunities. Gibbons said Toronto will use a closer-by-committee approach until Casey Janssen (oblique) returns from the DL. ... After optioning RHP Brandon Cumpton to the minor leagues Saturday, the Pirates have an open spot in their rotation Monday when they start a three-game set against San Francisco. LHP Wandy Rodriguez (right knee) could return from the DL. ... Toronto RHP Dustin McGowan (1-1, 5.87) is scheduled to pitch Sunday against Pittsburgh RHP Edinson Volquez (1-2, 3.21). 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