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Trademarks Class 8

Trademarks Class 8. Objectionable marks Federal registration and presumption of validity. Pro-Football v. Harjo.

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Trademarks Class 8

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  1. Trademarks Class 8 Objectionable marks Federal registration and presumption of validity

  2. Pro-Football v. Harjo • “The substantial evidence standard requires the reviewing court to ask whether a ‘reasonable mind might accept’ a particular evidentiary record as ‘adequate to support a conclusion.’ ” • “[T]he ‘substantial evidence’ standard requires a stricter judicial review of agency fact-finding than the ‘arbitrary, capricious’ approach.” • “[s]ubstantial evidence is more than a mere scintilla” • “A review for substantial evidence ‘involves examination of the record as a whole, taking into account evidence that both justifies and detracts from an agency’s decision.’ ” [218]

  3. “Redskins” not scandalous “[T]he evidence does not establish that [‘redskins’] would be ‘shocking to the sense of truth, decency, or propriety’ to, or ‘giv[e] offense to the conscience or moral feelings [of,] excit[e] reprobation, [or] call out for condemnation’ by, a substantial composite of the general population.” [not in CB] — from TTAB decision

  4. Two-step inquiry • First: “What is the meaning of the matter in question, as it appears in the marks and as those marks are used in connection with the services identified in the registrations?” • Second: “Is this meaning one that may disparage Native Americans?” [220]

  5. “Redskins” refers to Native Americans “ ‘[I]t would be both factually incomplete and disingenuous to ignore the substantial evidence of Native American imagery used by [Pro–Football], as well as by [Pro–Football’s] fans, in connection with [Pro–Football’s] football team and its entertainment services.’ ” [221]

  6. Pro-Football’s continuing use of Native American imagery

  7. Key benefits of federal registration • Federal jurisdiction for infringement actions • Treble damages and attorney’s fees are available • Prima facie evidence of the validity and ownership of the mark. • Prima facie evidence that the mark is not confusingly similar to other registered marks and that the mark has acquired secondary meaning • Incontestability • Constructive notice, eliminates defense of good faith adoption and use • Can stop importation

  8. Objectionable mascots?

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