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Washington "Redskins" - Disparaging Term or Valuable Tradition?: Legal and Economic Issues Concerning Harjo v. Pro-Football, Inc

Author

Listed:
  • Mark, Nagel
  • Daniel, Rascher

Abstract

On October 1, 2003, Judge Colleen Koller-Kotellay issued a ruling finding there was insufficient evidence to decisively conclude that the name “Redskins” was disparaging to “American Indians” (Harjo v. Pro-Football, Inc., 2003). This judgment overturned a 1999 United States Patent and Trademark Office decision that had revoked the National Football League’s Washington Redskins’ exclusive right to the use of the term “Redskins,” trademarked by the team in 1967. The 1999 Patent and Trademark Office decision did not prevent the Washington football club from using their six different registered trademarks, but removed their protection from competitors also using the registered trademarks. The pivotal issue, according to Koller-Kotellay, was the amount of time that had intervened between the granting of the trademark in 1967 and the plaintiff’s initial lawsuit in 1992. Harjo v. Pro-Football, Inc. raises many questions that will be the basis for the research: a) In light of Harjo, what is the legal threshold for determining legitimate contempt and/or disrepute? b) Under the Theory of Latches when is it too late to file a trademark infringement complaint? c) What are the stakes in this case, from both financial and policy perspectives? This paper investigates the legal, policy, and financial considerations surrounding the Harjo decision, and more generally, the use of trademarks to generate licensed revenues.

Suggested Citation

  • Mark, Nagel & Daniel, Rascher, 2007. "Washington "Redskins" - Disparaging Term or Valuable Tradition?: Legal and Economic Issues Concerning Harjo v. Pro-Football, Inc," MPRA Paper 25801, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:25801
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    File URL: https://mpra.ub.uni-muenchen.de/25801/1/MPRA_paper_25801.pdf
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    References listed on IDEAS

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    1. Reint Gropp & Jukka Vesala, 2004. "Deposit Insurance, Moral Hazard and Market Monitoring," Review of Finance, European Finance Association, vol. 8(4), pages 571-602.
    2. Boyd, John H. & Chang, Chun & Smith, Bruce D., 2002. "Deposit insurance: a reconsideration," Journal of Monetary Economics, Elsevier, vol. 49(6), pages 1235-1260, September.
    3. Giammarino, Ronald M & Lewis, Tracy R & Sappington, David E M, 1993. " An Incentive Approach to Banking Regulation," Journal of Finance, American Finance Association, vol. 48(4), pages 1523-1542, September.
    4. Russell Cooper & Thomas W. Ross, 2002. "Bank Runs: Deposit Insurance and Capital Requirements," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 43(1), pages 55-72, February.
    5. Demirguc-Kunt, Asli & Detragiache, Enrica, 2002. "Does deposit insurance increase banking system stability? An empirical investigation," Journal of Monetary Economics, Elsevier, vol. 49(7), pages 1373-1406, October.
    6. Huberto M. Ennis & Todd Keister, 2009. "Bank Runs and Institutions: The Perils of Intervention," American Economic Review, American Economic Association, vol. 99(4), pages 1588-1607, September.
    7. Roberto Steiner & Adolfo Barajas, 2000. "Depositor Behavior and Market Discipline in Colombia," IMF Working Papers 00/214, International Monetary Fund.
    8. Asli Demirguc-Kunt & Edward J. Kane, 2002. "Deposit Insurance Around the Globe: Where Does It Work?," Journal of Economic Perspectives, American Economic Association, vol. 16(2), pages 175-195, Spring.
    9. Maechler, Andrea M. & McDill, Kathleen M., 2006. "Dynamic depositor discipline in US banks," Journal of Banking & Finance, Elsevier, vol. 30(7), pages 1871-1898, July.
    10. Bhattacharya, Sudipto & Boot, Arnoud W A & Thakor, Anjan V, 1998. "The Economics of Bank Regulation," Journal of Money, Credit and Banking, Blackwell Publishing, vol. 30(4), pages 745-770, November.
    11. Chan, Yuk-Shee & Mak, King-Tim, 1985. " Depositors' Welfare, Deposit Insurance, and Deregulation," Journal of Finance, American Finance Association, vol. 40(3), pages 959-974, July.
    12. Asl? Demirgüç-Kunt & Edward J. Kane & Luc Laeven (ed.), 2008. "Deposit Insurance around the World: Issues of Design and Implementation," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262042541, January.
    13. Ennis, Huberto M. & Keister, Todd, 2010. "Banking panics and policy responses," Journal of Monetary Economics, Elsevier, vol. 57(4), pages 404-419, May.
    14. G. G. Garcia, 1999. "Deposit Insurance; A Survey of Actual and Best Practices," IMF Working Papers 99/54, International Monetary Fund.
    15. Michael Manz, 2009. "The optimal level of deposit insurance coverage," Working Papers 09-6, Federal Reserve Bank of Boston.
    16. Chan, Yuk-Shee & Greenbaum, Stuart I & Thakor, Anjan V, 1992. " Is Fairly Priced Deposit Insurance Possible?," Journal of Finance, American Finance Association, vol. 47(1), pages 227-245, March.
    17. Demirguc-Kunt, Asli & Huizinga, Harry, 2004. "Market discipline and deposit insurance," Journal of Monetary Economics, Elsevier, vol. 51(2), pages 375-399, March.
    18. Viral V. Acharya & João A. C. Santos & Tanju Yorulmazer, 2010. "Systemic risk and deposit insurance premiums," Economic Policy Review, Federal Reserve Bank of New York, issue Aug, pages 89-99.
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    More about this item

    Keywords

    Theory of laches; intellectual property; trademarks; Lanham Act; professional football.;

    JEL classification:

    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
    • L83 - Industrial Organization - - Industry Studies: Services - - - Sports; Gambling; Restaurants; Recreation; Tourism
    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law

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