Eeek: SCOTUS Denies Cert in Redskins Case
The Supreme Court decided it wants no part of the Redskins case, and Quinn remains victorious over Native American activists who want to change the team’s racially charged moniker. The WSJ Law blog reports:
The Redskins on Monday got a bit of good news from the U.S. Supreme Court, which declined cert filed by Native American activists who claim the Redskins’ team name is so offensive that it does not deserve trademark protection. The ruling essentially lets stand a lower court ruling that the activists waited too long to bring the challenge.
Mmmm … laches.
Regular Above the Law readers know that this case sparked some internal controversy at Quinn Emanuel when a then-associate at the firm took offense to Robert Raskopf’s celebratory lower court victory email.
The associate argued that Quinn was on the wrong side of history, but it appears the firm is on the right side of the law.
The lower court ruled that challenges to the Redskins name are time-barred. SCOTUS saw no reason to look into that issue again. The Washington Post explains:
The lawsuit was filed in 1992, when seven activists challenged a Redskins trademark issued in 1967. They won seven years later in a decision by the Trademark Trial and Appeal Board, which said the name could be interpreted as offensive to Native Americans. The case is Harjo v. Pro-Football, Inc.Trademark law prohibits registration of a name that “may disparage … persons, living or dead, … or bring them into contempt, or disrepute.”
The team appealed to federal court.
Judges at the district and circuit levels said the activists’ trademark cancellation claim was barred by the doctrine of laches, which serves as a defense against claims that should have been made long ago.
It’s too bad, because with Alito on the Court, this case could have gotten really interesting:
The activists argued that disparaging trademarks can be challenged at any time, citing a decision from the U.S. Court of Appeals for the 3rd Circuit. The decision was written by then-judgeSamuel A. Alito Jr., who now sits on the Supreme Court.
Are we really going to make it through this entire case without any judge having to rule on whether or not it is appropriate to put “redskins” on a football helmet? Maybe not. On True/Slant Kashmir Hill has this great nugget from Drinker Biddle — which is representing the Native Americans:
When I wrote about the case for Washingtonian Magazine this summer, Drinker Biddle & Reath partner Philip Mause, who is representing the Native Americans, told me he has another petition regarding the Redskins name pending before the trademark board. It is led by Amanda Blackhorse of the Navajo Nation; Blackhorse and her co-petitioners were in their late teens and twenties when they filed their petition, so the courts won’t be able to dismiss the case based on the time elapsed/age issue.
Drinker Biddle v. Quinn Emanuel, round two, could be coming to a courthouse near you.
High Court Punts on Redskins Dispute [WSJ Law Blog]
Supreme Court refuses to hear Redskins’ naming case [Washington Post]
Washington Redskins name is safe. For now. [True/Slant]
Earlier: Quinn Emanuel Associate Has Reservations About ‘Redskin’ Victory
(102) Comments
Comments
Comments hidden for your protection. Show them anyway!
eek
first
First.!
what happened to the idiotic associate?
CHECK YOU CALENDAR
Check you emails
CHECK YOU SMALL POX
CHECK YOU PASSING GAME
This just in....Obama takes a moment from his busy bowing schedule in Asia to note Bush Administration at fault for US mistreatment of Native Americans since 1787, he does not root for the Native American- Skins and he had no idea Holder was going to hold KSM trial in NYC. More to come.
9:
Seek therapy, you right-wing nut. Why don't you go get high on Oxycontin with Rush and shut the hell up?
CHECK YOU QUARTERBACK
I blame the Jews.
Lush Rimbaugh
Clearly, the "REDSKINS" name violates the no "immoral or scandalous matter" standard for trademark registration. All of the "chocolate city" skins fans out there know it deep it their hearts. Apparently, G-d knows it, too, which is why the Redskins SUCKKKKK! Change the name, change the karma. Go Washington Red-tapers! Hooray Washington Gridlockers! Watch out for the D.C. Dealers!
This is about the only thing that Daniel Snyder's been successful at since he's owned the 'Skins.
Why doesn't he spend his money on a decent head coach and quarterback instead of giving it to a bunch of creeps at Quinn Emanuel?
I knews them Injuns wasn't gonna get no where with them Justices. Don't they know that this land be Americuh? I thinks they should jus' head on down to Pappy's distillery and have some firewater, then head back to the Res.
yumyumyumyumyumyumyumyumyumyumyumyumyum
Let this Native American (Chippewa) JD in DC point out:
There are 0 Native American Federal Judges.
There has never been a Native American S.Ct. Clerk.
Federal Indian Law is still based on the Doctrine of Discovery (Johnson v. McIntosh) which says we Native Americans are not equal to whites as we are savages and not Christian, so we are incapable of holding fee simple title to land (tell that to mortgage loan officer).
So S.Ct., you've failed us again. Justice for just the white man, again.
Cowards.
I can't decide if Backwoods Chancellor is funny or not. I'm leaning towards "no."
13, outstanding. I particularly like your idea "the Washington crack dealers". Well done.
I vote Yes to Prop 13!
Marion Barry
17 (and anyone else who sees the denial of cert as an issue pertaining specifically to Native Americans): Every case is not decided at every level and on every issue on its merits. I don't know anything about this litigation, but it looks to me like a laches case. This isn't a denial of NA rights; it is a refusal to review what is likely a cut-and-dried legal issue.
But "the law" is biased, right? You work up that petition for cert and let me know.
17-you're worse than the southerners who claim secession was correct. your ancestors didn't even put up a decent fight. You lost. Getting to live for free on reservations in the 21st century isn't that bad of a deal.
Where are Affirmative Walrus and The Most Interesting Eskimo in the World? I want to hear them when the roles are reversed? Is Walrus going to side with the natives? Hmmm?
22 - If you had been able to read, you would have noted that I live in DC and currently serve the US government.
You are just a douche who has never been to a reservation and who has no concept of US history.
Thanks for playing you racist pos.
15 You speak with forked tongue.
17,
I too am an aggrieved victim.
Let this Walrus (Affirmative) JD in the North Pole point out:
There are 0 walrus Federal Judges (unless you count Lady SotomayOR).
There has never been a walrus S.Ct. Clerk.
Walrus Law is still based on the Doctrine of the Spear (Affirmative Walrus v. The Most Interesting Eskimo in the World) which says we walruses are not equal to Eskimos as we are savages and not Christian, so we are incapable of holding fee simple title to land (tell that to igloo loan officer).
So S.Ct., you've failed us again. Justice for just the Eskimo, again.
Cowards. (sign-off courtesy of Eric Holder)
WALRUS LAW INSECURE
15 You speak with forked tongue.
22,
It was their land...we took it...they shouldn't have had to fight for it..
"White entitlement" is gross.
(not a minority)
So 17, what's the problem then? You're out in reality duking it out with everyone else in America (sort of, I guess you did say you worked for the government). But either way, you did well (enough) in school, obviously, and are playing the game just like everyone else. Please explain how "indian law" has any effect on you (positive or negative)?
So 17, what's the problem then? You're out in reality duking it out with everyone else in America (sort of, I guess you did say you worked for the government). But either way, you did well (enough) in school, obviously, and are playing the game just like everyone else. Please explain how "indian law" has any effect on you (positive or negative)?
what difference does it make? white people took land from other white people. black people took land from other black people. yellow people took land from other yellow people. red people took land from other red people. Sucks. It happened. Its happening now. it will happen in the future. Who cares? You protect what is yours and everyone can continue to scramble after the resources that remain.
white guilt is gross.
29 - You think I'm not offended everytime I ride the Metro and see another minority in *insert slur here* merchandise? Every Washington pose headline that reads *DC Slure* vs. *KC Slur*?
And Federal Indian Law does affect me. Anytime I go on the reservation of another tribe I'm subject to their laws (Duro Fix or US v. Lara). There are other examples but I have to get back to enforcing environmental laws.
Really, try and elevate the discourse on this one folks.
CHECK YOU DISEASED BLANKETS
17 - come on Tonto....put down the Firewater.
31 - So you would advocate the 3 million of us taking on the 297 million of you?
I don't like them odds, especially seeing as you still have smallpox and no sense of human decency.
17.
28, who is this "we" that you speak of? My family came to the US in 1990. If I'm deemed to have taken lands from Indians merely by living in the US, does that mean blacks and Indians of other tribes are guilty of taking lands from Indians too?
Besides, we all know that Indians have never taken lands from other Indians.
Why are black people always scowling at white people?
CAN WE HAVE ***SOMETHING*** ON THE FACT THAT A V100 FIRM IS ESSENTIALLY TELLING NEPs TO GIVE BACK 15% OF THEIR SALARY???
34 - You do know that Tonto means stupid? And that you should be ashamed of yourself.
So how Lone was the Lone Ranger if Tonto was always there with him?
Who's Tonto now?
17.
The Native Americans should have tried to create some kind of licensing arrangement with the NFL and profited from the use of the "Redskin" trademark. A strike suit -- followed by a quick settlement -- would have freed up a lot of cash for the Natives.
If you wanted to reserve your right to complain about something that happened 200-400 years later, I would have advocated you succesfully do something about it 200-400 years ago.
As it stands, I think you are made a very persuasive argument why the 3M don't get to make the rules that the other 297M have to play by.
LaQueefa? Is that you, girl?
I just traveled back in time and filed suit against the Negro Leagues and the New York Black Yankees organization. We're on appeal in the 2nd Circuit.
-Lafonius "Crazy Legs" Jackson.
17/35, why are you living in DC? Don't you know that land is supposed to belong to the Algonquin tribe? Why are you oppressing them and taking their lands? Especially since I'm guessing you're 50-95% white like all the other "American Indians" in the US. Go back to Minnesota.
i'm glad that little punk yalie is gone. he would bogart every joint that got passed around at firm parties, the little douchebag. bill u.
44- Northern Michigan/Detroit
You and your crazy racist assumptions.
No, its me, LaShonda, from Brooklyn. LaQueefa is shacked up with her old man in Atlanta now.
46,
http://pix.epodunk.com/ancestryMaps/Chippewa.gif
- Hasn't posted yet
46, great, but that's still not DC. Why don't you go back to where you came from instead of taking lands from other Indian tribes?
'ow do gents, harry littlecock at your service. m'thinks that the "Yanks" is as pejorative as they comes. So, i've got me a me a barristah and we're filing suit in the southin district. you lot'll be 'earing from us. 'off i go.
It's common knowledge that America is the only country in the history of civilization to have been conquered by force.
Every other land on earth has exchanged hands amicably in a joyous celebration of diversity and multiculturism.
WHITE FORCE INSECURE
17 made a good point. sad but true.
- no minority
48 - http://www.saulttribe.com/
49 - Because I'm working for the benefit of all, tribes or not, because I <3 public service.
17
WALRUS!
Your blubber will be warming the inside of my 3500 sq ft igloo for many moons. Heed my words, WALRUS. Enjoy what precious few moments you have left.
The Most Interesting Eskimo in the World
CHECK YOU CERT PETITIONS
Washington Wreckers! D.C. Daggers! Beltway Badgers!
Wait ... the Redskins won something?
Learned Hand was a native American.
Which is why he was never selected to become a Supreme Court justice.
can members of the tribe join the class?
17- Why isn't indian casino money taxable?
22: That there was a war of Northern Aggression. Don't ferget it. Dixie was just fixin' to preserve them states' rights. But yer still right about them injuns and the Res...
57 FTW
It 's shaped up to be a fantastic weekend for the Skins
My native american friends, we'll take out your frustrations on the Redskins!
- Cowboys defensive front
The only real native Americans I can think of are the roaming buffalo. The first human settlers most likely walked here across the frozen Bering Strait and were not native to either North or South America.
It's not at all clear that any land "belonged" to the Indians that just happened to be sitting around smoking their peace pipes like a bunch of hippies when the Europeans showed up. Did they have papers or something?
So we should just pick an arbitrary point in the history of human civilization and say:
"at this point, everyone was where they should have been, this is the status quo, whatever land you are occupying is rightfully yours forever and you'll be able to whine and moan for the rest of eternity if someone else comes and takes it or any part of it from you by force or by any other method."
Isn't it obvious how ridiculous that is? There would be a lot fewer suicide bombers in Israel if the absurdity of this viewpoint was acknowledged.
67=jew
actually, episcopalian: don't worry, make money.
-67
CHECK YOU ALITO DECISIONS
Quinn Emanuel represents clients, not causes. Since the Redskins hired them, Quinn Emanuel was required to kick the asses of the Native Americans. If the Native Americans had hired Quinn Emanuel, they would have won the case. Oh, and don't forget to check your email every hour, unless you are asleep or in a tunnel.
Check you Dr Enrico Bondi.
17, in his blind hatred of whites, fails to see that by many measures, American Indians are savages. They abuse alcohol at a rate that would make the Irish blush, and their mestizo cousins, who are not so cleverly called Hispanics in this country, commit violent crime, especially with knives, at a rate far higher than whites. This is aside from the Indian's genetically low IQ. When the white man came to the New World, the Indian tribes were cutting each other's hearts out and scalping their enemies. Today, their mestizo descendants stab one of their 40 roommates in a drunken fight over who should buy the next case of beer.
Since when did Stormfront take over ATL. Disgusting. Your poor parents. They must be so ashamed.
check you scalps
thank you atl for keeping such close tabs on my nutsack. jbq
74 is right. Anyone who is conscious of racial realities must be a Stormfront member.
I recently discovered I am a distant relative of Senator
Symmachus. I hereby demand that the Algerian government return to me my ancestral lands that were wrongfully stolen by the Vandal hordes, then conquored by the Byzantines, absconded with by the Berbers, occupied by the fanatical followers of Allah, illegally governed by the Ottoman Turks, invaded by the French imperialists, briefly occupied by the Third Reich, and then transformed into a so-called former colonial republic.
Before they came, my ancestors were peacefully utilizing slave labor to grow rice to feed the unwashed masses in Rome.
Oh, the injustice! I am filing a formal complaint with the UN security counsel to take back the rightful property of my ancestors that was lawfully taken from the worthless Cathaginians.
Who's with me???!!!!!
i like cute little filipino boys, obese african-american boys, not so much. jbq
73, instead of coughing up foaming steams of diarrhea, wipe off and get a history book.
73 needs to stop being a coward in public and actually say these things to people, come over and let me beat the living shit out of him, or just die. I'd be happy with either one.
78,
Unfortunately, you failed to call dibs on the Algerian status quo, as 67 shrewdly observed.
Me? I'm calling dibs on the status quo right now. We have a black man in the White House, affirmative action is at an all-time high, and the holy grail of wealth redistribution - government-run health care - is a walrus whisker away from becoming reality.
Any departure from the current status quo will henceforth be considered an egregious act of racism.
STATUS QUO SECURE
81, if you want, we can arrange a meet-up. Just a warning though, I live in a place outside NY/DC, part of real America, and have among others an AR-15, two 12 gauges, a .45 ACP pistol, a 9mm pistol, and an SKS carbine.
83 is clearly a neo-Nazi. Report him to the bar association.
83 here. Yup, I'm the newest Asian member of the neo-Nazis. Idiot.
85, VT much?
Yup, 86, every gun enthusiast is a mass killer. That's the ticket!
Oceans rise
Cities fall
Santana Moss remains . . . on my bench
Oceans rise
Cities fall
Santana Moss remains . . . on my bench
85, self-hatred is a disease. You don't have to collect guns and adopt Palinspeak "real America" bullshit. All of this Native Americans are savages/hispanics are drunkards is really sick stuff. I hope your guns have safety locks so that your children don't off their "Asian Archie Bunker" father who locks them in their room to study 10 hours a day and practice the violin. Aren't stereotypes fun!
Stereotypes are not fun, but they are true for the most part. Do you deny that Hispanics are overrepresented in violent crime, alcohol abuse, and score much lower on IQ tests?
91 is the racist who previously made this argument about African-Americans. Please just ignore this flame everyone.
I wasn't the one who made the argument about blacks, but is their over representation in violent crime not true as well?
Or that the justice system is racist and more likely to arrest and prosecute people of color. Or that there is a connection between poverty and criminal activity. Or a million other reasons that are Eugenics-esque in nature.
A white person who is shocked by all this nutso, racist rhetoric at ATL.
That must explain why poor whites in West Virginia do better on standardized tests than rich blacks everywhere else. Great argument, moron.
Yeah right 95.
You're like a petulant child sticking your finger in your ear screaming la la la, I can't hear you.
Yes you are 97.
read the briefs, you racist idiots. makes me sad for the profession.
read the briefs, you racist idiots. your comments make me sad for the profession.
read the briefs, you racist idiots. your comments make me sad for the profession.
[URL=http://www.topuggshoes.com/ugg-classic-short-c-63.html] Ugg Classic Short Boots [/URL]
[URL=http://www.topuggshoes.com/ugg-classic-tall-c-46.html] Ugg Classic Tall Boots[/URL]
[URL=http://www.topuggshoes.com/ugg-classic-cardy-c-56.html] UGG Classic Cardy [/URL]