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I'm not a trademark or patent lawyer so I certainly don't know the exact process of these things. My inclination is that no one parses anything out and that a suit of some sort or motion has to be initiated in order to strike down a trademark. These things aren't initiated by judges.So are judges going to parse through all of these trademarks to ensure no more offensive names are held, based on a totally objective standard. Or will they arbitrarily revoke privately held intellectual property based on the rabble of the masses?
I'm no lawyer, so you're certainly more right than I am from a legal standpoint. It just seems like it's not as much offensiveness as it is being generally disliked. Unless the NAACP and United Negro College Fund are also willing to lose their branding.
The problem with their argument is the same thing I deal with my clients on a daily basis. For example someone comes to me with a speeding ticket and says "the guy next to me was also speeding" as a defense. You would look at that and say it's a terrible defense. There is a law and you broke it, just because someone else also broke it but got away with it has nothing to do with your particular circumstances.
Now the only difference would be if a judge had previously determined that CRACKA AZZ SKATEBOARDS was an acceptable trademark. Meaning someone challenged it and a judge made a legal determination that it was something that could be trademarked. That's legal precedent though and I don't think the Redskins lawyers are pointing to that.