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Cleveland removing Chief Wahoo from uniforms next year
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<blockquote data-quote="bobbob" data-source="post: 1370819" data-attributes="member: 531828"><p>Good, that was the second most racist thing in pro sports (Redskins still hold the prize).</p><p></p><p>Funny though:</p><p></p><p></p><p>That may not be enough to maintain the trademark. To maintain the federal trademark, you need to use the mark in commerce that is controlled by Congress. If they limit the sales to only one state, that is not interstate commerce and thus outside of Congress's control. Single state sales can not be used to maintain a federal trademark.</p><p></p><p>Using the mark on their uniforms will help, but then they are limited to that scope. That opens up a lot more merchandise to have the symbol on it and not infringe because I wouldn't confuse an alarm clock with a baseball team.</p><p></p><p>Their better hope is the fact that I really doubt they manufacture the apparel in Ohio. Shipping it in from China is foreign trade, and thus part of Congress's control. There is case law to support that, but it is not the strongest and I could see a court wanting to tell them to eff off with their racist trademark.</p><p></p><p>What would be poetic is if they only sold the apparel on Indian Reservations. Trade with Native Americans is under Congress's control and thus would count. And funneling the profits to the reservation would at least be a slight signal of good faith, while maintaining the exclusive use of the mark and blocking others from using it.</p></blockquote><p></p>
[QUOTE="bobbob, post: 1370819, member: 531828"] Good, that was the second most racist thing in pro sports (Redskins still hold the prize). Funny though: That may not be enough to maintain the trademark. To maintain the federal trademark, you need to use the mark in commerce that is controlled by Congress. If they limit the sales to only one state, that is not interstate commerce and thus outside of Congress's control. Single state sales can not be used to maintain a federal trademark. Using the mark on their uniforms will help, but then they are limited to that scope. That opens up a lot more merchandise to have the symbol on it and not infringe because I wouldn't confuse an alarm clock with a baseball team. Their better hope is the fact that I really doubt they manufacture the apparel in Ohio. Shipping it in from China is foreign trade, and thus part of Congress's control. There is case law to support that, but it is not the strongest and I could see a court wanting to tell them to eff off with their racist trademark. What would be poetic is if they only sold the apparel on Indian Reservations. Trade with Native Americans is under Congress's control and thus would count. And funneling the profits to the reservation would at least be a slight signal of good faith, while maintaining the exclusive use of the mark and blocking others from using it. [/QUOTE]
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Cleveland removing Chief Wahoo from uniforms next year
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