Mark Levin, the former chief of staff to Attorney General Ed Meese, clarified the misconceptions over the U.S. Patent Review Board’s ruling on the Washington Redskins’ trademark on his radio show Wednesday night. He pointed out that even if the Redskins trademark isn’t restored by the federal courts, the team’s owners still have a common law trademark, and can still use the name “Redskins.”
The owners can still defend a common law trademark in court, and people who use the team’s logo and mark without permission will probably still face legal consequences. Levin stated “if you should use [the team’s mark or name], you will be sued, undoubtedly by the organization, and you will lose, and you will pay. You aren’t required to have a federal registration in order to defend your mark.”
Follow Ian Hanchett on Twitter @IanHanchett
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