We’ve written numerous opinions objecting to the Washington Redskins name because of its disparaging nature. A major sports franchise should not cling to a name with such negative racial connotations out of misplaced loyalty to tradition.
Having said that, though, leaves us uneasy. Are federal courts really going to begin sifting trademark registrations through the filter of whether they offend some group or institution?
There are many trademarked names that cross the line into bad taste, or are deliberately provocative. Do we want federal judges picking and choosing which are beyond the pale?
For that matter, it’s hard to see how a trademarked name equates to government speech, as the judge suggests, and hence is subject to viewpoint regulation.
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