As the NFL Gears Up for Play, the Washington Football Team Looks at Rebranding

Redskins No More | The Washington Football Team Rebrand: The Journey Ahead

Washington D.C.’s NFL team has had a long battle with defending and maintaining its brand, ultimately culminating with a decision to drop the Redskins’ name and look to a brand name change.  With the most recent national uproar against racism, the NFL’s Washington football team’s rebrand became inevitable.  

The Decades Long Controversy with the Redskins’ Name

In 2014, after an 8-year battle against a cancellation action, the United States Trademark Office (“USPTO”) cancelled six trademark registrations owned by the Washington team on the basis that the word “Redskins” was disparaging to Native Americans.  Even then, the team owner, Dan Snyder, held on to the name, pledging never to rebrand.  The team was left to protect its rights in the name only via state and/or a common law basis.  

However, with the changing times, heightened sensitivities, a global pandemic, and a national outrage against racism, large companies began backing out of sponsorships and ventures including any third parties with even a seemingly potential for appearing to have racist ideals. Therefore, the decision for the Washington football team rebrand was finally made, whether willingly or not.  

But, why have they decided on the generic “Washington Football Team” brand for the 2020 season?  It appears the team is carefully and smartly weighing options before moving full force ahead, to help prevent another long battle surrounding its brand name. 

The Journey Ahead for the Washington Football Team Rebrand: Anticipated Trademark Issues

Since the NFL team’s decision to rebrand started to unfold, there has been much public opinion on what new name to adopt.  However, the journey started with hiccups and it appears it will be a bumpy road ahead – much like the prior struggle to maintain the Redskins’ name.

Early on, there was a push for RED WOLVES as a new name for the team with pubic opinion favoring it.  However, the Arkansas State University owns federal trademark registrations of the mark for use with educational services and clothing.  Although the university is not using the name specifically for a football team, the university’s rights would most likely create a bar for the Washington NFL team to adopt the name for its own use. Without a consent agreement to coexist the Washington football team would likely encounter litigation battle. 

However, the existence of federal trademark registrations does not necessarily preclude the adoption of the same or similar mark.  When seeking to rebrand, many considerations come into play, including options that could involve consent agreements, challenging third-party rights claims, and even litigation.  Trademark law and the acquisition of rights can be tricky, but experienced counsel will know how to navigate potential roadblocks. 

Strategic Trademark Filings in Anticipation of the Washington Football Team Rebrand 

News has been reported about an individual named Philip Martin McCaulay who has been obtaining registrations for marks that would seemingly be used for sports team names and recently filed various applications with the USPTO for registration of marks which have been and/or could be on the Washington Football Team’s list of potential new brand names.  

While it may seem like McCaulay could have an upper hand at the names simply by filing the applications and/or even having acquired trademark registrations, it is likely not the case. Trademark law requires a bona fide intent to use the marks applied for in the manner indicated in the application.  While trademark examiners often identify and weed out trademark trolls (applicants that file for marks to circumvent others with the ultimate intent to profit), sometimes marks achieve registration without the proper bona fide intent and use in commerce requirements.  In the situation with the Washington Football Team rebrand and potential names already pending with the USPTO by McCaulay, there are likely grounds for opposing such applications for registration as well as options for cancellation of registrations that may have been obtained improperly.  These challenges to registrations of marks through the Trademark Trial and Appeal Board is less expensive than litigation and most likely less expensive than what a trademark troll would want to make in profit to release a mark.

In its journey to discovering a new brand name for the team, the Washington Football Team should give thoughtful consideration to these various factors to determine whether it’s worth a challenge to any third-party use or acquired rights, or whether unearthing a truly new, previously unused name for the new brand is best.  

Key Takeaways Regarding the Washington Football Team Rebrand

As the Washington D.C. NFL team looks to rebrand, it should consider:

  • public opinion and how it will affect how the brand is accepted or not;

  • conflicts with well-known existing third-party use;

  • options with overcoming third claims and/or registrations; and

  • choosing a brand that should stand the test of time.

For more insights on brand and trademark protection, see our Trademark Services Overview page.

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Law, Blog, TrademarksClaudia Alvarado