On June 18th of last year, the Trademark Trial and Appeal Board, in a 2-to-1 vote, declared that the moniker used by the Washington Football team was indeed derogatory and disparaging to Indigenous people and ineligible for trademark registration. Today, U.S District Judge Gerald Bruce Lee upheld that ruling, causing the R*dskins organization to lose what is being deemed as their “biggest legal and public relations battle” to protect their name.
The cancellation of their trademarks, as this is point, is still largely a symbolic victory as the it will not go into effect until the Washington Football teams has exhausted all legal efforts to appeal the decision. But even if they decide not to appeal the decision or they appeal and lose, the Washington Football team can still use the “R*dskins” moniker and seek trademark protection under state law.
Jesse Witten, one of the attorneys working on behalf of the Natives Americans involved in the suit (Amanda Blackhorse, Marcus Briggs-Cloud, Jillian Pappan, Courtney Tsotigh, and Phillip Glover) stated:
“THE TEAM HAS BEEN FIGHTING THIS CASE SO HARD AND LEAVING NO STONE UNTURNED AND SCORCHING EVERY SQUARE INCH OF EARTH THAT IT’S HARD TO IMAGINE THEY WILL NOT APPEAL.”
A spokespersons for the team stated that they are reviewing their legal options. So, it is extremely like that we will see this case going before the Supreme Court.
But this is still a huge VICTORY. As with the original ruling by the Trademark Trial and Appeal Board last year, the message that U.S District Judge Gerald Bruce Lee has sent to the Washington Football team organization is that there is no changing the historical or modern context of a derogatory slur; the acceptance and normalization of racism towards indigenous people through the use of a racial slur as a team moniker and race based mascots will no longer continue unchallenged.
The tide is turning and the mood in Indian Country is celebratory.
Today, Amanda Blackhorse posted the following to her facebook:
“It is true! We won! This victory is for Indigenous people as a whole. It’s not just about mascots anymore, this is about protecting and respecting our identity and existence as Native/Indigenous people. We are still #NotYourMascot“
Jacob Tsotigh (long-time anti-mascot and native rights activist), whose niece Courtney Tsotigh was among the 5 plaintiffs involved in the suit took the time to thank the court for upholding the decision to cancel the trademark registrations.
“THE NATIVE COMMUNITY IS THANKFUL THAT THE COURT CONTINUES TO UPHOLD ITS ORIGINAL DECISION THAT THE USE OF THAT TERM IS DISPARAGING TO THE COLLECTIVE OF OUR PEOPLE. WHILE OUR ULTIMATE GOAL IS FOR THE OWNER TO RECOGNIZE THAT THE NAME IS WRONG WE CONTINUE TO CELEBRATE THE SMALL VICTORIES”.
The hope for Dan Snyder to recognize the wrong in continuing to defend the use of a racial slur as a team moniker was also shared by Bunky Echohawk, a Pawnee artist whose artwork often reflects his frustration towards the continued use of R-word slur and race based mascots.
“The decision to uphold the cancellation of Washington’s racist trademark is awesome! I am hopeful that the organization finally realizes the extent of the racism and changes their name.”
In response to the ruling, Toby Vanlandingham, co-founding board member of Not Your Mascots, stated what many anti-mascots advocates believe in regards to why the use of a derogatory slur and native mascots should no longer be acceptable.
“I AM GLAD TO SEE THAT COMMON SENSE IS BECOMING CONTAGIOUS.”
It is, after all, 2015. It’s time to exercise basic human decency and respect towards each other as human beings and stop normalizing racism towards indigenous people. The use of a derogatory racial slur; the misappropriation and mockery of our identities and culture through native mascots is not acceptable nor should it be. It’s time for Dan Snyder, the Washington Football team and their supporters to get on the right side of history and change the name.
WE ARE A PEOPLE! NOT YOUR MASCOTS!