Washington DC Football Team Who Shall Remain Nameless Won't Let Blogs Use Name Without Permission

from the good-job-washington-football-team dept

Wed, Mar 16th 2011 12:04pm — Mike Masnick

There's an NFL football team in Washington DC, which is nominally called the Washington Redskins. You see what I did there? I mentioned the name... because that's how you identify them. Yet, the team -- which under the ownership of Dan Snyder has become about as anti-fan and as ridiculously over-aggressive in trying to control the media as a team can be -- has taken it to yet another level. Reader karm points us to the news that the Washington Post has had to change the name of its blog from Redskins Insider to Football Insider, due to threats from the Washington Football Team Who Shall Henceforth Remain Nameless.

What really surprises me is that the Washington Post caved. Doesn't the Washington Post have access to trademark lawyers there who can respond to the team and point out that the team has no case whatsoever? There's no moron in a hurry anywhere who's going to see the Washington Post's blog and think "gee, that's 'sponsored' or 'endorsed' by the team." The team claims that it wants to be able to license out the name, such as to the official sports broadcast partner. Of course, it can still do an exclusive deal for broadcast rights, but it has no right to block the use of the name when its being used in a descriptive and non-confusing manner here.

Once again, this is an incredibly anti-fan move. Take pretty much any major sports team, and it's not hard to find blogs that make use of the team's name. And those teams survive just fine. They recognize that there's no confusion and that these blogs help draw in more fans for the team. This seems like incredibly short-term thinking by Snyder's Washington Football Team Whose Name Cannot Be Spoken, but that seems like par for the course.

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Filed Under: dan snyder, fans, redskins, trademark

49 Comments

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:Lobo Santo (profile), 16 Mar 2011 @ 12:09pm

I don't suppose
I don't suppose He-who-must-not-be-named is now running the team?

;-P
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F. Fud Bailey, 16 Mar 2011 @ 12:10pm

Did not cave: ulterior motive
I can suggest an alternative to 'caving' or 'not bothering to ask their own council'.

The Post's ownership and/or management is probably chock full of what we'd call "IP maximalists", or more plainly, two-faced hypocrites. They saw an opportunity to reinforce, at little extra cost, the primacy of "Intellectual Property". So they took it.

Changing a sports blog's name? Cheap.
Reinforcing the concept that ideas can be owned? Priceless.
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BBT, 16 Mar 2011 @ 12:12pm

I have to disagree here, "Redskins Insider" does sound like something that has a relationship with the trademark holder. That's the idea behind the term "insider"- to convey the idea that it's coming from someone within the organization in question.
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Anonymous Coward, 16 Mar 2011 @ 12:19pm

Re:
I'd agree.

But then if I'd been the Post, I'd have dropped the blog altogether and never let the name of the team or any mention of the team ever darken the pixels of my site again.

Of course I don't get the whole pro football thing where you have teams with no meaningful connection to their location or their fans or why people would be fans of such teams, so that would probably be the wrong approach.
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Anonymous Coward, 16 Mar 2011 @ 12:30pm

Re:
I'm with you. I think it could be a close case depending on how it's used.

Of course, it's nothing like saying blogs can't refer to the team by name, as Masnick appears to suggest in the article.

Oh well, don't come to Techdirt looking for a realistic assessment of a case's merits.
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dave blevins (profile), 16 Mar 2011 @ 12:31pm

I'd just call these amateurs (mgmt, staff, and players) "Snyder's Team". Not "Snyder's Football Team" because they don't really play football, they just play other teams who pretend to play football. What they really play is "I'm getting rich".
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ChurchHatesTucker (profile), 16 Mar 2011 @ 12:32pm

I'm torn
On the one hand, the more criticism of Dan Snyder, the better.

On the other hand, the less said about the suburban Maryland football team, the better.
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Eric Goldman (profile), 16 Mar 2011 @ 12:40pm

Speaking of trademarks...
Does your reference to "Football Team Whose Name Cannot Be Spoken" infringe on Lord Voldemort's trademark?
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John Doe, 16 Mar 2011 @ 12:46pm

I don't think Dan Snyder has anything to worry about...
I don't think Dan should be worried about using the Redskin's team name when talking about the Redskin's because these days, nobody is talking about them.
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Chronno S. Trigger (profile), 16 Mar 2011 @ 12:57pm

Re:
I guess I don't qualify as a "moron in a hurry", but to me it just sounds like a blog about what's going on inside the Redskins. No official connection, they just have someone on the inside.
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Anonymous Coward, 16 Mar 2011 @ 12:59pm

One reason they may have caved so easily is that the Redskins are probably a major advertiser in the Post
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Dark Helmet (profile), 16 Mar 2011 @ 1:01pm

Re: Re:
Huh. I thought it was a porn site for banging Native American chicks....
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Anonymous Coward, 16 Mar 2011 @ 1:06pm

Re:
You are correct. It is exactly this kind of writing that invites 'trolls' on techdirt - the title of the post is completely misleading. Blogs are free to *mention* the team name but might not be free to *name* the blog itself after the team. But I don't really expect Mike to understand the difference.
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sam, 16 Mar 2011 @ 1:07pm

i think it's about time that a law saying abuse a trademark one time and you lose the trademark hits the book.
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kryptonianjorel (profile), 16 Mar 2011 @ 1:09pm

Re: I don't suppose
This is America, we play Football, not Quidditch
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Anonymous Coward, 16 Mar 2011 @ 1:10pm

Re: Re: I don't suppose
Depends on how the strike goes.
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Dark Helmet (profile), 16 Mar 2011 @ 1:16pm

Re: Re: Re: I don't suppose
Ugh, it's not a strike, it's a lockout....
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Mark Gisleson (profile), 16 Mar 2011 @ 1:19pm

Their name was always obscenely racist
and now, like hookers charging for sex, they want everyone who mentions their racist team name to pay up front.
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CommonSense (profile), 16 Mar 2011 @ 1:20pm

Re: I'm torn
What do the Ravens have to do with anything here???

:-)
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trish, 16 Mar 2011 @ 1:37pm

lol
go team voldemort!
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Anonymous Coward, 16 Mar 2011 @ 1:45pm

Re: Major advertisers conspiracy theory
I, for one, do not believe this conspiracy theory for a second, without consulting an attorney...

I'm back. My attorney (a lawyer) suggests that this allegation of improper editorial interference by sales would be highly unethical for anyone with journalistic ethics. The Washington Post is a fine newspaper, with a "chinese wall" between editorial and sales. To suggest otherwise without consulting your attorney would be the absolute height of folly.
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Anonymous Coward, 16 Mar 2011 @ 1:49pm

Washington
I abuse myself in such naughty ways that I get RedSkin.
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Anonymous Coward, 16 Mar 2011 @ 1:53pm

The Redskins have been irrelevant since Snyders mismanagement team took over, perhaps the Washington Post should just stop covering the 'Skins until Snyder can produce a product worth writing about.
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Anonymous Coward, 16 Mar 2011 @ 1:54pm

Re: Re:
You are correct. Mike doesn't want to understand the difference because it doesn't make for a good story.

I can write "redskins, redskins football, and Techdirt doesn't like the Redskins" without any legal issue. However, if Mike renames his blog "Redskins Football Technology Blog", he is very likely to get in trouble.

Sometimes Mike just plays dense because it makes for a better story. Sadly, in cases like this, it just makes it look like he is trying way to hard to get outraged about something that isn't wrong at all.
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Anonymous Coward, 16 Mar 2011 @ 1:58pm

the "Foreskins Insider" has a better ring to it, and would pry draw a lot more traffic from Google searches.
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ChronoFish (profile), 16 Mar 2011 @ 2:19pm

Give'm what the ask for!
This Washington DC NFL Football Team whom we will never again mention by name - should get - exactly - what they ask for. Not what they want mind you - what they ask for.

This goes for the likes of Fox News which doesn't want link-backs from Google

All Newspapers which don't want their RSS feeds to be incorporated into RSS Feed aggregators.

Media Hore Specialist Sarah Palin who doesn't want be talked about in the Press.

News black-out. That's what they are asking for. We know what they want is control over the message - not lack of message. But I suggest we give them exactly what they ask for - and we shall never speak of them again.....

We as enforcers of this movement must resist the temptation to peak, speak, or repeat any of the above. I know train-wrecks are hard not to look at - but be strong! The less interest they generate, the less there will be to hear about them. And soon it will just be "remember that crazy chick from Alaska? What was her name?" Ahhh... that will be the day!

-CF
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jebrew (profile), 16 Mar 2011 @ 2:23pm

Re: Re: Re: Re: I don't suppose
I went to a locking once.
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Anonymous Coward, 16 Mar 2011 @ 2:26pm

Re: Give'm what the ask for!
"News black-out. That's what they are asking for."

link?

Sounds to me like they asked media outlets not to use "REDSKINS" in the names/titles of their shows, columns, blogs, and the media outlets (being objective and unbiased protectors of public discourse) mischaracterized this as asking that they not use REDSKINS at all.

Of course, without seeing their actual correspondence, we can't know "exactly" what they asked for.
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Jebrew (profile), 16 Mar 2011 @ 2:27pm

Re: Re: Re: Re: Re: I don't suppose
lock in...ugh...honestly. One of these days I'll learn to read before I post.
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Anonymous Coward, 16 Mar 2011 @ 2:39pm

Re:
Agreed. The term "Insider" gives me the impression someone from within the Redskins is doing the posting.

Alternative - "Redskins Watch" or "Redskin Admirer" would give the impression of an outsider.
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Irving, 16 Mar 2011 @ 2:48pm

Does anyone know?
When did the traditional "reasonable man" test become the "moron in a hurry" test?

Honest question.
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FredMertzJr (profile), 16 Mar 2011 @ 2:57pm

Local TV Programs
I guess next they will be going after the local TV programs like "Redskins Report", etc.
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Mike Masnick (profile), 16 Mar 2011 @ 3:13pm

Re: Does anyone know?
When did the traditional "reasonable man" test become the "moron in a hurry" test?

Honest question

Wikipedia to the rescue:

http://en.wikipedia.org/wiki/A_moron_in_a_hurry

Used sparingly since 1979, but made a major comeback with Apple vs. Apple in 2006.
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Anonymous Coward, 16 Mar 2011 @ 3:18pm

How can they still be using such a blatantly racist name?
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ChurchHatesTucker (profile), 16 Mar 2011 @ 3:42pm

Re: Re: I'm torn
That's the urban Maryland football team.
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Anonymous Coward, 16 Mar 2011 @ 4:00pm

Re: Re: Re:
I think Mike actually likes to invite trolls. Like just about everyone else, trolls get ads on the page. If you believe the 'Day in the life of a techdirt troll' comment from last week then trolls refresh the page a LOT and thus trolls are money generators for Mike (assuming he gets paid CPI or CPM). Like I've always said, Mike is just in it for the money.

Honestly, I've had a much better experience with this site since I turned off flash, scripting and started blocking ads.
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Lawrence D'Oliveiro, 16 Mar 2011 @ 4:01pm

Ahem
I wonder if Intel still has any lawyers left over...
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Anonymous Howard, Cowering, 16 Mar 2011 @ 4:48pm

Re: #11
Or with the demise of the newspaper industry, the cutbacks have reached the legal department.

(Disclaimer: I subscribe to the WP. At the rate of $0.21 per day. Delivered to my front door.)
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Mark McKenna, 16 Mar 2011 @ 7:30pm

Sponsorship or Affiliation is a scourge
And to blame here too. See http://ssrn.com/abstract=1407793.
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G Thompson (profile), 16 Mar 2011 @ 7:58pm

yummo I loved Redskins as a kid. Used to buy em for 2cents each or less.. Red teeth were a pure giveaway, so I couldn't fool mum at all LOL

Wonder if Nestle/Allens are about to get a C&D. *eye roll*

And ok as an adult I like em too.. with vodka ;)
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Steve, 16 Mar 2011 @ 10:43pm

Re: Re:
I think "Redskin Admirer" would be a (primarily) ladies blog.
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Mike Masnick (profile), 17 Mar 2011 @ 1:50am

Re: Re: Re: Re:
I think Mike actually likes to invite trolls. Like just about everyone else, trolls get ads on the page. If you believe the 'Day in the life of a techdirt troll' comment from last week then trolls refresh the page a LOT and thus trolls are money generators for Mike (assuming he gets paid CPI or CPM).

No way. Honestly, I'm happy if there's reasoned debate and discussion, but when people with no logic sense at all are posting completely ridiculous assertions it really hurts the discussion and drags it down to ridiculous levels.

And, no, they don't generate much traffic, though one of the ones who comments here every day once claimed (incorrectly) that when he left for a few weeks that our traffic went down, and said I should "work out an arrangement" to have him come back. Needless to say, I ignored it.
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techflaws.org (profile), 17 Mar 2011 @ 3:56am

Re: Re: Re: Re:
"I think Mike actually likes to invite trolls."

And right there you are. Funny how that works.
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Anonymous Coward, 17 Mar 2011 @ 5:50am

Re: Re:
It was obviously a joke based on the use-mention distinction.

http://en.wikipedia.org/wiki/Use�mention_distinction
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Anonymous Coward, 17 Mar 2011 @ 7:08am

Re: Re: Re: Re: Re:
Looks who's talking!
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Greg G (profile), 17 Mar 2011 @ 7:19am

Re:
Give me a break with the PC crap. Stop being so damn over-sensitive.

The "Washington Native Americans" just doesn't work.

As for " insider," we have that here on local radio in the morning. "Spurs Insider" is a quick 1-2 minute report on the previous days happenings with the team. Whether it's a game report or whatever goes on in practice. I din't think Peter Holt is trying to claim any kind of copyright infringement whenever they say " presents Spurs Insider."

The Redskins ownership needs to crawl back into their hole and just be quiet.
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Anonymous Coward, 17 Mar 2011 @ 9:17am

Re: Re: Re:
I can't tell if this is sarcasm or not.
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Anonymous Coward, 17 Mar 2011 @ 9:19am

Re: Re: Re: Re: Re:
That's pretty funny. "Professional Internet Troll" sounds like a nice job description.
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Anonymous Coward, 17 Mar 2011 @ 12:21pm

Re: Re: Re: Re: Re: Re:
Except its not the troll that gets paid, its the site. You just need to invite the pro trolls to your site. If you hire or make arrangements with the trolls then it might be fraud, something along the lines of click fraud. For as much criticism as I throw at Mike, I do not believe that he has any interest in fraud. Mike actually seems like an upstanding citizen.
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