The Lanham Act is the federal law regulating trademarks. The team’s case, which was brought against Amanda Blackhorse, is currently being heard by the Fourth Circuit Court of Appeals.
The Court’s decision arose out of the United States Patent and Trademark Office’s (“PTO”) reliance on the Act’s anti-disparagement provision in rejecting an Asian rock band’s application to trademark its band name, The Slants. This was the same provision that formed the basis of Blackhorse’s challenge to – and subsequent cancellation of – several trademarks formerly held by the Redskins. The team’s case was stayed by the Fourth Circuit pending resolution of the band’s matter.