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#1 |
A Dude
Join Date: Feb 2005
Location: Newtown Square, PA
Age: 46
Posts: 12,458
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Re: Redskins Off Season things.
Yes the trademark remains in place until the appeals process is brought to bear.
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God made certain people to play football. He was one of them. |
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#2 | |
Contains football related knowledge
Join Date: Mar 2004
Location: Second Star On The Right
Age: 62
Posts: 10,401
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Re: Redskins Off Season things.
Quote:
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.
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