Protection of Cultural and Intellectual Resources

This question draws on the two cases that were required reading for Lecture 10: Harjo v. Pro Football, Inc. and
In re Tam. Reflect on your position about the controversy surrounding the Washington Rdskins team name. First, think about your position before and after reading the Harjo case. Did the case change your position about the use of the term Rdskins as a team name? In the first part of your discussion post, describe your
position of the use of the Rdskins trademark after reading the Harjo case and how your position changed (if at all). Second, describe whether and how your positions changed after reading the court's reasoning in In re Tam. Third, think about your position on the Washington franchise to remove the Rdskins from the name.
What you think about why they decided to make the change after years of not making the change.
Finally, provide a professional statement of your point of view: Should the federal government consider whether
trademarks are disparaging in legal decisions about trademark registration? Why or why not?
Then write a professional statement on the availability of market pressure to change derogatory mascots such
as the Washington Football team or Land O’ Lakes about the role of litigation in the courts and Congressional
actions in terms of statutes?

Sample Solution