t be penalized for his financial set in life,
Posté: Mer Mai 03, 2017 9:27 amThe United States Patent and Trademarks Office (USPTO) has today ordered that six Redskins trademark registrations be cancelled on the basis that they are "disparaging to Native Americans". Five Native Americans initiated the cancellation proceeding pursuant to the U.S. Trademarks Act, which "prohibits registration of marks that may disparage persons or bring them into contempt or disrepute." There has been some talk that the registrations have been cancelled, that the Redskins have lost all their trademark protection and that anyone can now go out and start selling Redskins merchandise without the permission of the team. All that is wrong. The trademark registrations have not been cancelled as of yet. The ruling was to cancel the registrations, but they remain in good standing, and will for some time. Challenging the decision will buy the Redskins time. The team will appeal the decision, and in the meantime, the trademark registrations will remain active. The Redskins can appeal the decision to the Court of Appeals for the Federal Circuit. They may also start a court action in District Court for the District of Columbia. They may also request reconsideration of the decision with the USPTO. Expect the Redskins to take its case to District Court since that will give them the opportunity to introduce new evidence. At the Court of Appeals level, they cant submit new evidence; rather the court is stuck with the record from the original hearing. On to the big issue: does the cancellation mean that the Redskins lose their trademark rights? The ruling to cancel the trademark registrations does NOT strip the team of its trademark rights or its ability to stop unauthorized parties from using the Redskins marks. The Redskins have acquired what are called common law trademark rights. These are trademark rights that arise by virtue of the use of the mark in the marketplace. By "use", I mean things like jersey sales and the mark appearing in TV broadcasts and online. And heres the key: common law trademark rights are enforceable and the Redskins could rely on them to stop a third party from making unauthorized use of its marks. This means that the team does not need a trademark registration to stop someone from making unauthorized use of its marks. Common law rights can be relied upon to do just that. While there are important differences between registered and common law trademarks as far as scope of protection, the fame of the Redskins mark together with national sales and use place the Redskins in a good position to stop others from using their marks. So if some guy in Wisconsin starts selling product with the Redskins trademark on it without the permission of the team, he should expect to receive a cease and desist letter from the team, and failing his agreement to stop, he could face a lawsuit. Apart from trademarks, the Redskins could also sue for copyright infringement if someone makes unauthorized use of their logo or stylized word mark. The decision of the USPTO relates only to trademarks and has nothing to do with copyright. While the potential cancellation is not fatal to the ability of the Redskins to enforce their rights, this is yet another blow to the Redskins team name. The pressure on the team and league to change its name continues to mount with no end in sight. Indeed, the question may not be if the team changes its name, but when. Morgan Burnett Jersey . New York secured second place in the Metropolitan Division when the Philadelphia Flyers lost at Tampa Bay later Thursday. 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Chicago won two of three games during its stay at the United Center. The club began the homestand with a 5-1 win over Pittsburgh on March 1 and fell to Colorado on Tuesday before posting another blowout win in Thursdays tilt against Columbus.KAMLOOPS, B.C. - Dallas Stars owner Tom Gaglardi and his company should face $300,000 in fines for damaging a fish habitat, a Crown lawyer argued Friday at a sentencing hearing.Digby Kier said Gaglardi had no regard for a fish habitat when he renovated his vacation home on Kamloops Lake in 2010. Gaglardi, also the owner of the Western Hockey Leagues Kamloops Blazers, and Northland Properties were convicted in August of two counts of harmful alteration of a fish habitat.The work involved a five-bedroom, two-bathroom addition to an existing bungalow known as Toms Shack and included extensive landscaping work, a 50-vehicle parking lot and the construction of a boat launch.Both defendants were well aware they were trying to keep a low profile and, if they got caught, they were going to seek forgiveness, Kier told provincial court Judge Stephen Harrison. Thats what you have today a€” them seeking forgivenesss.dddddddddddd Show this corporation and Tom Gaglardi that they cannot ride roughshod over the laws of Canada and escape without anything being done to them.Kier said Kamloops Lake is a significant stop for juvenile salmon on their way from the Interior to the Pacific Ocean.Kier said neither Gaglardi nor Northland obtained a building permit for any of the renovation work, and that it will take 40 to 50 years for the fish habitat to return to a healthy state.Defence lawyer Rob Bruneau said a $300,000 fine is excessive given previous sentences for similar offences and asked for a fine of $50,000 to $75,000.Mr. Gaglardi should not be penalized for his financial set in life, Bruneau said. Just because were dealing with an extremely wealthy family doesnt mean we should raise the fine.The judge reserved his decision, and lawyers will be back in court on Oct. 23 to set a date for sentencing. 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