Washington, DC partner Jesse Witten commented on the May 13, 2014 decision of the U.S. Court of Appeals for the Federal Circuit in In re Geller, which affirmed a ruling by the Trademark Trial and Appeal Board that the trademark “Stop the Islamisation of America” is not eligible for federal registration because it may disparage American Muslims.
Jesse was quoted in an article by the BNA Patent, Trademark & Copyright Journal, titled, “CAFC Affirms § 2(a) Refusal to Register ‘Stop the Islamisation of America' Mark.”
This case is relevant to the ongoing trademark dispute regarding the name of the Washington professional football team, Blackstone v. Pro-Football Inc., in which the Firm represents the Blackhorse petitioners.
“We consider it a good sign for our case that the Federal Circuit applied the same legal test that the TTAB stated that it intends to apply in Blackhorse, and it applied a substantial evidence standard of review, which is a deferential standard. This is a positive development for the Blackhorse petitioners,” Jesse said.