PRO-FOOTBALL, INC. V. HARJO 415 F.3d 44 (D.C. Cir. 2005) CASE BRIEF

PRO-FOOTBALL, INC. V. HARJO

415 F.3d 44 (D.C. Cir. 2005)

NATURE OF THE CASE: Harjo (P) petitioned the Trademark Trial and Appeal Board ('TTAB') to cancel the registrations of six trademarks used by the Washington Redskins football team. After the TTAB granted their petition, the team's owner, Pro-Football, Inc., brought suit seeking reversal of the TTAB's decision. The district court granted summary judgment to Pro-Football (D) on two alternate grounds, holding that the TTAB should have found the Native Americans' petition barred by laches and that in any event the TTAB's cancellation decision was unsupported by substantial evidence. P appealed.

FACTS: In 1992, P petitioned for cancellation of the registrations for the Washington Redskins, claiming that the marks had disparaged Native Americans at the times of registration and had thus been registered in violation of section 1052(a). The TTAB found laches inapplicable due to the 'broader interest-an interest beyond the personal interest being asserted by the present petitioners-in preventing a party from receiving the benefits of registration where a trial might show that respondent's marks hold a substantial segment of the population up to public ridicule.' Pro-Football (D) filed suit in the U.S. District Court for the District of Columbia, seeking reinstatement of its registrations on the grounds that laches barred the Native Americans' petition. The district court granted summary judgment to D on the grounds that laches barred P's petition and that the TTAB's conclusion of disparagement was unsupported by substantial evidence. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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