Pro Football Vs Harjo Case Study

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Pro Football, Inc V. Suzan S. Harjo In the first meeting of Pro Football, Inc. V. Suzan S. Harjo the Washington Redskins won the case that occurred six years ago based on trademark laws. The Washington Redskins defense was on the Lanham Trademark Act 2, 15 U.S.C. 1052 (a), which states no trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication…show more content…
This Trademark Act insured that the Washington Redskins could hold a Native American symbol because its registration did not violate any of the above sections of the Lanham Trademark Act. Harjo based her case on the fact that it was disparaging towards members of their ethnic group. The group of seven Native Americans that filed the suit agreed. They also thought that it was in breach of the Lanham Trademark Act because the “Redskin” symbol was a national symbol toward Native Americans. This was not enough to win the case for the Native Americans. Pro Football won the case. Harjo returned six years later to file another suit against Pro Football, Inc. Harjo. The case was filed with the District of Columbia circuit court. The case this time was debating the ruling of the first case in that the Lanham Trademarks Act 2, 15 U.S.C 1052 (a). Harjo was arguing that Pro football was using their ethnic trademark in a…show more content…
The court acted ethical and responsible on deciding that Harjo’s complaint was filed too late with a twenty-five year delay. The laches doctrine was a good defense by Pro football. I think that the first ruling on the case could have gone the other way with the Lanham Trademark Act 2. The act was pretty open and the ruling could have gone in favor of the plaintiff because the symbol could have been determined a national symbol for the Native Americans. I am part Indian myself, and I am not offended by the Redskins logo or ever have been. I love watching the National Football League, and I think that all of the different teams and their symbols represent America in their own unique way, so why would it be a bad thing if we supported our Native Americans by creating a team that is kind of dedicated to them in a way. Harjo was taking this a little too seriously I believe, unless there is some variable that I am not aware of that stirred up this case in the first place. I tried to dig deeper into the history of this case but I was unsuccessful to find any more information other than what I have provided. The Supreme Court handled this the right way I think, they were very ethical and respectful but at the same time, they ruled fairly. Some might have seen this case as the Redskins being able to bully the plaintiff because they are a million dollar football team, but after it was all said and done I think it was the right

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