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TUESDAY, AUGUST 18, 2020 | SERVING CHICAGO’S LEGAL COMMUNITY FOR 164 YEARS | CHICAGOLAWBULLETIN.COM VOLUME 166, NO. 126 What’s next for ‘Washington Football Team’ after name change The Washington Redskins — now itself influenced by evolving societal atti - known as the “Washington Football Team” tudes — and the wishes of its big-dollar until a permanent name is chosen — has sponsors. committed to the ultimate rebranding. The Snyder’s change of heart is largely attrib - National Football League’s Washington, utable to FedEx, the company that signed D.C., team announced on July 13 that it a deal in 1999 to pay $205 million for the was dropping the name “Redskins,” which naming rights to the Washington Football it had been using since 1933, and the Team’s stadium through 2026. FedEx image of a Native American man as its logo. threatened to walk away if the team didn’t The team’s majority owner, business - change its name. man Daniel Snyder, who acquired the fran - S P O RT S The Washington Post and others chise in 1999, had for years resisted calls MARKETING PLAYBOOK reported that FedEx notified the team by to change the name. But the sports letter on July 2 that it would pull out of the world’s support for the Black Lives Matter DOUGLAS N. MASTERS and naming rights deal six years early. The let - movement, combined with a broader SETH A. ROSE ter reportedly asserted that the team’s effort to remove racially insensitive sym - name has created a risk of harm to the DOUGLASDOUGLAS N. MASTERS is a partnerpartnertner at LoebLoeb & LLoeboeb LLP,LLPP,, bols such as the Confederate flag, has cre - where he litigates and counsels clients primarily in company’s brand reputation and was ated mounting pressure to change certain intellectual property,properrtytyy,, advertisingadvertising and unfair inconsistent with the company’s commit - team names and mascots. competition. He is co-chair of the firmfirm’s intellectual ment to a more inclusive society. Accord - properpropertytyt protection group. [email protected] The tipping point for Snyder, however, SETH A. ROSE is a parpartnertner at the firm,firm,m where he ing to news reports, the two-page letter was when his team’s biggest sponsor, counsels clients on programs and initiatives in was intended to establish the “cause” for advertising,advertising, marketing, promotions, media, FedEx, threatened to pull out of its naming sponsorships,sponsorships, entertainment,entertainment, branded and integrated terminating the naming rights agreement rights agreement for The Washington marketing, and social media. [email protected] and relieving FedEx of its obligation to pay Football Team’s stadium — FedExField — the balance on of its payments — worth according to multiple news outlets. using what is widely considered a racial approximately $45 million to the team. Teams with names and mascots seen as slur against Native Americans. A year later, Bad press from such a public fallout with offensive are faced with making big deci - the U.S. Patent and Trademark Office can - its biggest sponsor would also likely dam - sions about the future of their brands. The celed the Redskins trademarks on the age the team’s image for years to come. logistics and legal issues involved in chang - grounds that the name disparaged Native FedEx released a short statement on the ing longstanding names and symbols can - Americans. same day. Other big sponsors — including not be understated. But neither can The Washington Football Team PepsiCo., Bank of America and Nike — retaining public goodwill in an era when defended its Redskins intellectual prop - then released their own statements sup - fan engagement is everything — especially erty all the way to the U.S. Supreme Court. porting the name change. Nike, the NFL’s in light of this year’s disrupted playing sea - The high court stayed the team’s lawsuit official game day uniform supplier, quickly sons due to the COVID-19 pandemic. while it ruled on similar claims filed by an removed Redskins merchandise from its Washington’s team has used the Red - Asian-American rock band called The online store. skins name for the past 87 years and the Slants, whose application to trademark the Teams in other leagues have dropped logo of a Native American man since the name was rejected by the USPTO because offensive names and mascots in recent 1970s. But public sensibilities have been the name could be seen as a racial slur years. Notably, in 2019, Major League Base - steadily moving away from sports names against Asians. ball’s Cleveland Indians ditched its mascot, that are seen as offensive and campaigns In 2017, the Supreme Court ruled in Chief Wahoo, a Native American caricature against those names have become increas - Matal v. Tam that barring the federal reg - adopted by the team in the 1940s, though ingly vocal. istration of disparaging trademarks is it still retains the “Indians” name. In 2013, the Oneida Indian Nation unconstitutional because it violates the Outside of professional sports, progress launched its Change the Mascot national First Amendment’s free speech clause, has been slowly made over the last few campaign to end the use of the Redskins handing the Redskins an unassailable decades. More than 200 U.S. universities, name and mascot, calling directly on NFL legal victory. Ironically, now that the legal colleges and school districts have stopped Commissioner Roger Goodell to stop pressure is off, the Washington team finds using racially insensitive Native American Copyright © 2020 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media. names, says Change the Mascot. Many Stadium home, have not issued a state - snapped up the trademark registrations other teams at all levels of sports are ment so far about its intentions. In the for numerous potential new names for the mulling over whether to cease using National Hockey League, the Chicago Washington Football Team. Native American names and imagery. Blackhawks maintain they won’t change Martin McCaulay has obviously been The National Collegiate Athletic Associ - their name, which honors a Native Ameri - paying attention to the names being ation established guidelines in 2005 to can leader from the 18th century. tossed out as possible alternatives for the encourage universities and colleges to Of course, some teams may be reluctant team. Starting in 2014 — the year the stop using names and mascots that are to make a change because revamping a USPTO canceled the Redskins trademarks offensive to indigenous people. An excep - well-known brand is not an easy — or — he began filing trademarks applications. tion is when a school receives official inexpensive — feat. The Washington Foot - McCaulay now owns the trademarks for, or approval from the tribe that inspired the ball Team chose to use a generic interim has registrations pending for, 44 names name or mascot. A handful of colleges and name until it decides on a permanent one including “Washington Red-Tailed Hawks,” universities have done just that, including for good reason. The logistics of rebrand - “Washington Redtails,” “Washington Mon - the Florida State Seminoles and the Cen - ing can take years to fully implement, but uments,” “Washington Red Wolves,” and tral Michigan University Chippewas, in the meantime, the team can immedi - “Washington Warriors,” CBS News according to the NCAA. ately start distancing itself from the con - reported. Several states have also enacted legisla - troversial name and remove it from its McCaulay initially stated that he’d like to tion to prohibit public schools from using team uniform, marketing materials and give the NFL the names for free. More racially offensive teams names or mascots. merchandise. recently, however, he hired an attorney California’s Racial Mascots Act banned Settling on the team’s new name alone and said that he’s open to a monetary schools in 2017 from using the term “Red - could be a lengthy process. A sports offer, according to CBS News. Stay tuned skins” for school or athletic team names, team’s name is central to its identity as to see how negotiations go. mascots or nicknames. In 2019, Maine well as the identities of the city it repre - Another issue is deciding what to do became the first state to bar public sents and its fans. While every rebranding with the team’s intellectual property schools, colleges and universities from process is different, it’s likely to involve related to the former Redskins name. In using Native American mascots. research, focus groups, and design and other sports rebranding situations, contin - Professional sports teams with Native marketing firm input, as well as review of uing to offer old logo designs as “vintage,” American names remain at the center of numerous potential prototypes. “throwback” or “retro” apparel appeals to the conversation about rebranding Once a new name and logo designs are fans’ sense of nostalgia and loyalty to the because of their national visibility. To date, selected, the corresponding intellectual team. But the negative connotations now none has made a definitive move to follow property must be secured before new associated with the Redskins name means the Washington Football Team’s lead. merchandise, signage, marketing cam - the Washington Football Team won’t be In the MLB, the Cleveland Indians paigns, among other things, can be cre - encouraging any allegiance to its previous organization is considering sending the ated. The team organization must also identity. However, the team may need to “Indians” name out the door along with determine how the name change will retain the old trademarks to ensure that Chief Wahoo. The Atlanta Braves has said affect sponsorships and contracts covering other parties don’t appropriate the Red - it has no plans to change its name but is everything from broadcast agreements to skins name for their own purposes.

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