Five Native Americans sought to cancel six Pro-Football, Inc. registered trademarks, including the marks "The Redskins," "Washington Redskins," and "Redskinettes." They asserted that these marks violated section 2(a) of the Trademark Act of 1946,118 which prohibits the registration of marks that disparage persons or bring them into contempt or disrepute. The challenged marks are used for entertainment services involving professional football games and the cheerleaders at those games. Determining whether the trademarks are disparaging requires a two-step analysis. First, what is the meaning of the matter in question, as it appears in the marks and as those marks are used in connection with the goods and services identified in the registrations? Second, is the meaning of the marks one that may disparage Native Americans? In answer to the first question, the Trademark Trial and Appeal Board (TTAB) determined that the term Redskins when used in connection with professional football means Native Americans.
What evidence should the TTAB review to determine whether the meaning of the marks, at the time they were registered, disparaged Native Americans? How is disparagement measured-by the American public, by all Native Americans, or by some other variable? Is the mark "Atlanta Braves" subject to attack on the same basis? The "Florida State Seminoles"? Should it matter that the Seminole tribe gave permission to Florida State to use the name if other Native American tribes find it offensive?