Pro-Football, Inc. v. Harjo

415 F.3d 44 (D.C. Cir. 2005)

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Nature of the Case

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Facts

In 1992, P petitioned for cancellation of the registrations for the Washington Redskins, claiming that the marks had disparaged Native Americans at the times of registration and had thus been registered in violation of section 1052(a). The TTAB found laches inapplicable due to the 'broader interest-an interest beyond the personal interest being asserted by the present petitioners-in preventing a party from receiving the benefits of registration where a trial might show that respondent's marks hold a substantial segment of the population up to public ridicule.' Pro-Football (D) filed suit in the U.S. District Court for the District of Columbia, seeking reinstatement of its registrations on the grounds that laches barred the Native Americans' petition. The district court granted summary judgment to D on the grounds that laches barred P's petition and that the TTAB's conclusion of disparagement was unsupported by substantial evidence. This appeal resulted.