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 Verfasst am: 08.11.2017, 02:57 Titel:
Chronopoulos, filed a discrimination lawsuit against the tea |
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| The United States Patent and Trademarks Office (USPTO) has today ordered that six Redskins trademark registrations be cancelled on the basis that they are "disparaging to Native Americans". Blank Jersey . Five Native Americans initiated the cancellation proceeding pursuant to the U.S. Trademarks Act, which "prohibits registration of marks that may disparage persons or bring them into contempt or disrepute." There has been some talk that the registrations have been cancelled, that the Redskins have lost all their trademark protection and that anyone can now go out and start selling Redskins merchandise without the permission of the team. All that is wrong. The trademark registrations have not been cancelled as of yet. The ruling was to cancel the registrations, but they remain in good standing, and will for some time. Challenging the decision will buy the Redskins time. The team will appeal the decision, and in the meantime, the trademark registrations will remain active. The Redskins can appeal the decision to the Court of Appeals for the Federal Circuit. They may also start a court action in District Court for the District of Columbia. They may also request reconsideration of the decision with the USPTO. Expect the Redskins to take its case to District Court since that will give them the opportunity to introduce new evidence. At the Court of Appeals level, they cant submit new evidence; rather the court is stuck with the record from the original hearing. On to the big issue: does the cancellation mean that the Redskins lose their trademark rights? The ruling to cancel the trademark registrations does NOT strip the team of its trademark rights or its ability to stop unauthorized parties from using the Redskins marks. The Redskins have acquired what are called common law trademark rights. These are trademark rights that arise by virtue of the use of the mark in the marketplace. By "use", I mean things like jersey sales and the mark appearing in TV broadcasts and online. And heres the key: common law trademark rights are enforceable and the Redskins could rely on them to stop a third party from making unauthorized use of its marks. This means that the team does not need a trademark registration to stop someone from making unauthorized use of its marks. Common law rights can be relied upon to do just that. While there are important differences between registered and common law trademarks as far as scope of protection, the fame of the Redskins mark together with national sales and use place the Redskins in a good position to stop others from using their marks. So if some guy in Wisconsin starts selling product with the Redskins trademark on it without the permission of the team, he should expect to receive a cease and desist letter from the team, and failing his agreement to stop, he could face a lawsuit. Apart from trademarks, the Redskins could also sue for copyright infringement if someone makes unauthorized use of their logo or stylized word mark. The decision of the USPTO relates only to trademarks and has nothing to do with copyright. While the potential cancellation is not fatal to the ability of the Redskins to enforce their rights, this is yet another blow to the Redskins team name. The pressure on the team and league to change its name continues to mount with no end in sight. Indeed, the question may not be if the team changes its name, but when. Marlos Moreno Jersey . The judge sternly instructed the prosecutor to restrain himself and he apologized -- then went right back to trying to pick holes in the testimony of the double-amputee runner. It was a harsh day of cross-examination for Pistorius, challenged relentlessly about his account of the moments just before he killed Reeva Steenkamp, as well as circumstances related to several firearms charges against him, including the firing of a gun in a crowded restaurant. Leroy Sane Jersey . The game was the first of two international friendlies that Canada is playing during the international break, with the second game against Slovenia set for Tuesday in Celje. Canada looked uncomfortable defensively throughout the game, and every free kick that came into Canadas penalty box looked like ending up in the back of the net. http://www.authenticmanchestercityshop.com/Authentic-Eliaquim-Mangala-Manchester-City-Jersey/ . Neither player was available Saturday for the Knicks 107-98 loss in Atlanta. "Were going in a different direction and weve got to figure out another spot or two for our ballclub," coach Mike Woodson said before the game.NEW YORK, N.Y. - The troubled tenure of Jorge Vergara and Angelica Fuentes as owners of Chivas USA has ended with Major League Soccer purchasing the team. MLS said Thursday it had assumed operation of the team, which had the second-worst record in the league last year at 6-20-8 and averaged a league-low attendance of 8,366 at home. Vergara and Fuentes have controlled the Mexican club Chivas Guadalajara since 2002 and had a 50 per cent interest in Chivas USA when it was created in 2004 and started play the following year. The pair took operating control of Chivas USA in August 2012 when they bought out former partners Antonio and Lorenzo Cue, who had been running the team. "The original plan which we came up with in 2004 and executed in 05 was to extend one of soccers most venerable brands into the United States," MLS Commissioner Don Garber said during a conference call. "The concept was to take a team that in essence represented the hopes and dreams of Mexican soccer fans both in Mexico and the United States and try to extend that here to the United States. "Ultimately the concept didnt work out," he added. "I came up with the idea with folks here at the league. I dont believe it was the concept as much as there was some executional issues." The concept of a league owning a team is not unprecedented. An entity owned by Major League Baseball bought the Montreal Expos in 2002, moved the club to Washington, D.C., for the 2005 season and sold it to the Lerner family the following year. The NHL had operational control of the Phoenix Coyotes from 2009-13. MLS said Wilmer Cabrera, hired as coach on Jan. 9, will remain oon the job. Yaya Toure Jersey. The league said it will sell the team to an ownership group committed to keeping the team in the Los Angeles area. Garber hopes to have a deal in place by the end of the year. "Sometimes it takes time to get this done. Were not in a rush," Garber said. Garber said the new ownership group must intend to build a new stadium, and he mentioned the site of the L.A. Sports Arena as a possibility. Chivas USA shares the StubHub Center with the Los Angeles Galaxy. David Beckham was not considered a possible buyer. The former Galaxy star exercised his option to purchase an expansion team in Miami. "I wonder if he would have thought differently if his option execution date was a year from now versus a year ago," Garber said. The team will use the Chivas USA name this year, then will get a new name and logo along with new owners. "When Angelica and I gained full operational control of the team for the first time 15 months ago, we were hopeful we would be able to turn it around," Vergara said in a statement. "However, there is only one Chivas de Guadalajara, and we have realized that it will require more time, further resources, and a level of commitment that would divert too much of our focus from our other business interests." Two former Chivas USA youth coaches, Daniel Calichman and Theothoros Chronopoulos, filed a discrimination lawsuit against the team last May in Los Angeles County Superior Court, claiming they were fired because they arent Mexican or Latino. "Its been resolved. Its no longer a pending case." Garber said. "It was resolved very recently." Cheap NFL Jerseys Wholesale Jerseys Wholesale NFL Jerseys Jerseys From China Wholesale NFL Jerseys Cheap NFL Jerseys Cheap Jerseys ' ' ' |
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