The United States Patent and Trademarks Office (USPTO) has today ordered that six Redskins trademark registrations be cancelled on the basis that they are "disparaging to Native Americans". Five Native Americans initiated the cancellation proceeding pursuant to the U.S. Trademarks Act, which "prohibits registration of marks that may disparage persons or bring them into contempt or disrepute." There has been some talk that the registrations have been cancelled, that the Redskins have lost all their trademark protection and that anyone can now go out and start selling Redskins merchandise without the permission of the team. All that is wrong. The trademark registrations have not been cancelled as of yet. The ruling was to cancel the registrations, but they remain in good standing, and will for some time. Challenging the decision will buy the Redskins time. The team will appeal the decision, and in the meantime, the trademark registrations will remain active. The Redskins can appeal the decision to the Court of Appeals for the Federal Circuit. They may also start a court action in District Court for the District of Columbia. They may also request reconsideration of the decision with the USPTO. Expect the Redskins to take its case to District Court since that will give them the opportunity to introduce new evidence. At the Court of Appeals level, they cant submit new evidence; rather the court is stuck with the record from the original hearing. On to the big issue: does the cancellation mean that the Redskins lose their trademark rights? The ruling to cancel the trademark registrations does NOT strip the team of its trademark rights or its ability to stop unauthorized parties from using the Redskins marks. The Redskins have acquired what are called common law trademark rights. These are trademark rights that arise by virtue of the use of the mark in the marketplace. By "use", I mean things like jersey sales and the mark appearing in TV broadcasts and online. And heres the key: common law trademark rights are enforceable and the Redskins could rely on them to stop a third party from making unauthorized use of its marks. This means that the team does not need a trademark registration to stop someone from making unauthorized use of its marks. Common law rights can be relied upon to do just that. While there are important differences between registered and common law trademarks as far as scope of protection, the fame of the Redskins mark together with national sales and use place the Redskins in a good position to stop others from using their marks. So if some guy in Wisconsin starts selling product with the Redskins trademark on it without the permission of the team, he should expect to receive a cease and desist letter from the team, and failing his agreement to stop, he could face a lawsuit. Apart from trademarks, the Redskins could also sue for copyright infringement if someone makes unauthorized use of their logo or stylized word mark. The decision of the USPTO relates only to trademarks and has nothing to do with copyright. While the potential cancellation is not fatal to the ability of the Redskins to enforce their rights, this is yet another blow to the Redskins team name. The pressure on the team and league to change its name continues to mount with no end in sight. Indeed, the question may not be if the team changes its name, but when. Ben Bishop Jersey . Louis Cardinals pitcher Jaime Garcia will have surgery on his left shoulder this week and is expected to miss the rest of the season. Alexander Radulov Stars Jersey . The lightning strike was in the parking lot of Crew Stadium on Saturday night, but its not known if the off-duty lieutenant was struck directly, Columbus Fire Department Battalion Chief Tracy Smith said. 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Mayo made seven three-pointers and scored 25 points, Ersan Ilyasova added 20, and the Milwaukee Bucks placed seven players in double figures in a 130-110 rout of the Philadelphia 76ers, who lost their 11th straight game on Monday night.BUFFALO, N.Y. - General manager Tim Murray decided defenceman Christian Ehrhoff and his hefty contract did not fit in his long-term vision for rebuilding the Buffalo Sabres. Former Sabres captain Steve Ott, on the other hand, just might. Fresh off clearing Buffalos books of the remaining seven years of Ehrhoffs contract, Murray is targeting veteran role players to augment his teams young roster once the NHLs free-agency period opens Tuesday. "Id like to acquire a couple of veteran guys who can play the game, but can also show our kids how to be pros," Murray said Monday. "So Im going to focus on at least two of those guys." And that makes Ott a candidate to return to Buffalo after he was part the Sabres trade that also sent goalie Ryan Miller to St. Louis in February. Murray said Ott is on the teams list of free-agent candidates, and added hes had preliminary discussions with the players agent. Ott was expendable at the time of the trade because he was in the final year of his contract. Murray, who spoke highly of Otts leadership ability before the trade, was careful to make sure Ott left on good terms by dealing him to a contender. As for Ehrhoff, who signed a 10-year, $40 million contract three years ago, Murray said the defenceman wasnt interested in being part of the teams rebuilding process. The way Ehrhoffs contract was structured was another factor. Under NHL rules, the Sabres would have faced a significant salary-cap penalty if Ehrhoff retired before the final year of his deal. "This seemed to be the best course of action for us to move on, be out from under that contract," Murray said. "And now we dont have to worry about it. Now we just have to focus on rebuilding, bringing in good young players and get going here." Murray, who took over in January after Darcy Regier was fired, is taking a patient appproach to rebuilding a team that is coming off one of the worst seasons in franchise history.dddddddddddd Buffalo (21-51-10) finished last in the NHL standings, set a franchise record for losses and established a post-NHL-expansion-era low by scoring just 150 goals. Murray has set his sights on rebuilding through youth, a process that continued at the NHL draft last weekend. The Sabres made nine picks, starting with playmaking centre Sam Reinhart at No. 2 overall. Buffalo is scheduled to have three first-round picks in next years draft, which leaves Murray preaching patience. "We all want to speed things up. As soon as we got (Reinhart), I said I wish it was 2016. But its not. And you have to do it properly," Murray said. "Its not easy. Its hard. It takes a long time. And I think that were on the right track." Aside from convincing free agents to buy into his rebuilding plan, Murrays other challenge is upping the Sabres payroll to the NHL salary cap minimum of $51 million. The Sabres are currently at about $30 million after buying out Ehrhoff and the final three years of underperforming forward Ville Leinos contract two weeks ago. Murray is confident the Sabres will reach the cap minimum before the start of the season, and can do so without handcuffing the teams salary structure with expensive long-term contracts. "Im not worried about the floor," Murray said, and then broke into a smile while pointing to a reporter. "Ill sign you if I have to." The Sabres have extended qualifying offers to retain the rights of a number of restricted free agents, including centres Tyler Ennis and Luke Adam, forward Marcus Foligno, defenceman Chad Ruhwedel and goalie Matt Hackett. Defenceman Jamie McBain will become an unrestricted free agent after the Sabres did not extend him and offer. ' ' '
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