Native Americans protest before the Minnesota Vikings and Washington game in Minneapolis. (Photo by Adam Bettcher/Getty Images)
Remember when the U.S. Patent Office canceled the trademark for the Washington football team’s name and logo? Remember after that when Dan Snyder and the team filed a lawsuit against the five Native Americans responsible for the Patent Office’s ruling? Well, now those Native Americans are asking a U.S. District Court judge to not let Dan Snyder sue them.
The Post reports that the five defendants, led by Amanda Blackhorse, filed a motion today in the U.S. District Court to dismiss the team’s lawsuit against them, arguing that the team’s dispute “is with the [U.S. Patent and Trademark Office], not with the Blackhorse Defendants,” and add that they’re technically “not ‘parties in interest’ who may be sued.”
But the Washington football team’s legal hiccups don’t end their, the motion claims. The defendants also argue that the team isn’t only wrongfully suing the wrong group, but also that the challenge to the Patent Office’s trademark ruling was filed to the wrong court. Instead of suing them, the defendants says, the team should have filed its case to overturn the trademark ruling with the U.S. Court of Appeals for the Federal Circuit.
“PFI [Pro-Football, Inc.] had a right to appeal the TTAB decision tot hte United States Court of Appeals for the Federal Circuit,” the motion says, “but opted not to do so.” If the defendants motion goes through, this may be the final nail in the coffin of the team losing the trademark for their name and logo. Even if that happens, however, as the Post reports, the team “can still rely on trademark protection under federal common law.” So there’s that.