As you may know, the NCAA has banned certain Native American nicknames in postseason play. The banned names are those that the NCAA deems “hostile or offensive.” Unfortunately, the determination of which schools will be affected is subjective. This has created quite a bit of press. However, I haven’t seen anything discussing the trademark aspect of the names.
The most prominent protester of the NCAA ban is Florida State, with the nickname of “the Seminoles.” The University first obtained registration of the mark “SEMINOLE” in 1984, and has been using it since 1947, according to records in the USPTO. Under 15 U.S.C. ยง 1052, the USPTO will not register a mark that “[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” However, many of these “hostile or offensive” nicknames are registered marks.
This leads to the question whether the registered marks should also be cancelled. This has been addressed with regard to the “Washington Redskins.” However, the resolution of the matter was based on procedural and evidentiary determinations. In fact, in Pro-Football, Inc. v. Harjo, the D.C. District Court states
Ultimately, the evidence in the case does not answer the legal question of whether the trademarks, in the context of their use during the relevant time frames, may have disparaged Native Americans. The evidence chips away at the sides of this legal question but never helps answer it directly.
The promise by Florida State to fight will obvioulsy challenge the NCAA ruling. However, it doesn’t seem likely that any party will try for cancellation of the registered marks in the near future. But, the challenge is waiting, and the outcome will certainly be interesting.
Go Pokes and Boomer Sooner (er, should I say “Go friendly range-living, cattle-driving, land-loving sort of people” and “Good luck to those who wait for the boom of the gunshot before staking their claim to land, as well as those who couldn’t quite wait for the official start”)
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Posted by Douglas Sorocco, August 12, 2005 at 10:13 am
Permalink: NCAA Mascot Controversy
6 Comments
Hey then lets rename u.s.c cause a trojan is a vrand name condom. we wouldn’t want any bunny huggers, or tree kissers to get offended now. these groups are turning america into a bunch of lawsuit happy, limp wristed tofu farting fairies. lets ban them instead of mascot names.
Yes, “Sooner” is a unkind term. It basically means “land thief.” The sooners were the people who started the land run early (and got larger and better land as a result).
The Seminole Tribe of Florida actually endorses the FSU use of its name and symbols. See http://www.fsu.com/pages/2005/08/05/ncaa_banning.html. Although not mentioned in the above, a Seminole Council representative also stated that the NCAA ruling is an example of non-Indians telling Indians what is best for them.
that isnt funny
What about the origin of the word “Sooner” itself ? Isn’t (wasn’t) it a deragtory term?