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NFL Bankrolls Legal Defense Of ‘Redskins’ Trademark

CREDIT: AP/CAROLYN KASTER
CREDIT: AP/CAROLYN KASTER

Despite remaining relatively quiet about the disputed name of Washington’s NFL team, the League has proven to be anything but hands-off when it comes to the legal battle to keep the franchise trademark intact. According to a statement from league spokesman Greg Aiello to USA Today, the NFL has been bankrolling the team’s legal fees as they fight to maintain the trademark to the Redskins name, which has been widely recognized as disparaging to Native American communities.

The Washington Redskins were the NFL’s third most valuable team with respect to both ticket sales and sponsorship revenue in 2014, making the team brand a vested interest of the league. However, as legal fees mount and public outcry against the use of the logo and name of the team grows, it’s questionable as to whether the Washington brand as it stands is even a beneficial investment for the NFL.

Last year, Allen Adamson, managing director of Landor Associates who has worked with the NFL in the past, estimated that rebranding the team’s name and logo may cost as little as $5 million — an almost unnoticeable fraction of the team’s $2.4 billion worth, while the legal fees to fight to maintain the brand as-is has likely already surpassed this estimate. A trademark lawyer can cost anywhere from $300 per hour to the upper thousands depending on the intensity of the case and status of the attorney — and costs are only going to increase if team owner Daniel Snyder chooses to appeal.

The NFL has previously said little about its involvement in the case, and has issued a relatively small number of public statements overall when compared to the magnitude of media coverage and public interest surrounding the controversy.

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When the NFL has spoken, it has largely been in support of the franchise, as was demonstrated in Roger Goodell’s outspoken defense in 2013 in which the NFL Commissioner described the team nickname as “a unifying force that stands for strength, courage, pride and respect.” In 2014, the NFL issued a response to a letter signed by 50 senators urging the league to force the change of team’s name. In their public comment, the NFL said, “the intent of the team’s name has always been to present a strong, positive and respectful image. The team name is not used by the team or the NFL in any other context, though we respect those that view it differently.” The statement also claimed, “The NFL has long demonstrated a commitment to progressive leadership on issues of diversity and inclusion, both on and off the field.”

The team’s current entanglement began in 2013 with the launch of the “Change the Mascot” campaign by the Oneida Indian Nation. Both public and political pressure has mounted in opposition to the name, culminating most recently in a federal court decision to uphold the cancellation of the team’s logo and nick-name trademark. Native American communities have been fighting the use of the term “redskins” in sports and media since the 1960s, and have gained traction over the last few years as more schools and teams move away from the derogatory term.

While the Oneida Indian Nation and other Native American activist groups have rallied for change, the NFL has stayed mute as they quietly push funds in support of keeping the trademark intact. Recent public recognition of the league’s legal role forces the question as to why the NFL hasn’t widely disclosed their involvement before, considering the length and public attention of the current legal battle — which will prove to be an extremely costly affair.

Katelyn Harrop is an intern with ThinkProgress.