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Trademark Hog: Observations on Trademark Issues Related to the Washington Football Team Rebranding

Trademark Hog: Observations on Trademark Issues Related to the Washington Football Team Rebranding

          
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About the Book

Philip Martin McCaulay went viral globally in July 2020 when the Washington Football Team announced they were changing their controversial name. He had dozens of trademarks for potential replacement names that he had registered five years earlier in 2015 such as Washington Americans, Washington Veterans, Washington Red-tailed Hawks, Washington Pandas, and Washington Football Club. In 2015, the NFL sent him a letter notifying him that they were aware of his trademark activity, and they would allow it, but they were keeping an eye on him. In 2015, the Washington football team issued a statement that read, "We have no concerns related to Mr. McCaulay's actions. They will have no impact on the Washington Redskins and its organization."
Lawsuits trying to get the team's trademarks revoked for being disparaging to Native Americans had been going on for decades. In November 2015, the Washington football team's attorneys filed a court brief stating that their name was no more offensive than other trademarked names, including MIDGET MAN condoms and inflatable life-sized dolls used in sexual activity; BOOTY CALL adult sexual stimulation aids, namely, vibrators and massage devices; and BIG TITTY BLEND coffee. The team's argument was successful. They were allowed to keep their trademarks.
Five years later, following the murder of George Floyd in May 2020, companies started changing their racist branding and packaging. A group of investors put pressure on the football team sponsors, FedEx asked that their name be removed from the stadium unless the name was changed, and Nike removed the team's products.
Before the team announced they were changing the name in July 2020, McCaulay offered in writing to let the team have his trademarks for free to help facilitate their rebranding. He gave interviews with reporters around the world nonstop for the next week. He used his platform to state that the time is now to change the name, Native people are not mascots. Some people were upset with his trademarking activity and made threats. He hired sports attorney Darren Heitner who deflected the threats. The team rebranded as the "Washington Football Team".
Then in June 2021, the United States Patent and Trademark Office (USPTO) found the that the name "Washington Football Team" was confusingly similar to McCaulay's registered trademark for "Washington Football Club". McCaulay was able to register trademarks for the fans' first choice for a name, "Washington Wolves", but the team rebranded as the "Washington Commanders".


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Product Details
  • ISBN-13: 9798418452429
  • Publisher: Independently Published
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Sub Title: Observations on Trademark Issues Related to the Washington Football Team Rebranding
  • Width: 152 mm
  • ISBN-10: 8418452420
  • Publisher Date: 17 Feb 2022
  • Height: 229 mm
  • No of Pages: 112
  • Spine Width: 6 mm
  • Weight: 163 gr


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