Quote:
Originally Posted by Schneed10
Yes the trademark remains in place until the appeals process is brought to bear.
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Are you sure? Generally speaking, unless you specifically request an order to be stayed, it is in effect even if an appeal is pending.
Also, read bits and parts of the decision, and assuming
arguendo that the Skins lose the appeal, the Skins still can assert the trademark even if it is not registered and seek damages from those who inappropriately use it. However, because it is can't be the PTO won't register it, the Skins are not entitled to triple damages and do not receive the benefit of submitting the
registered mark as presumptive proof of an existing trademark.
So, it appears, they can still sue folks for using Redskins symbols, they just have to jump through a few extra legal hoops and don't get as much in damages. For an aggressive litigant like DS, I doubt that either of these limitations is likely to pose a problem for DS in the long run.