8110 Gatehouse Road
Suite 100 East
Falls Church, VA 22042-1248 USA

Telephone: +1-703-205-8000

Partner Robert Kenney Quoted on Redskins Appeal in Bloomberg BNA’s Patent, Trademark & Copyright Journal®

BSKB partner Robert Kenney was quoted in the August 6, 2015 Bloomberg BNA Patent, Trademark & Copyright Journal® article “Redskins File Notice of Appeal to Fourth Circuit.” Kenney discusses the Washington Redskins’ recently-filed appeal in the Eastern District of Virginia, after the July ruling that the team’s trademark registrations are disparaging and should be cancelled by the U.S. Patent and Trademark Office. Kenney states that despite the court’s finding that the Redskins trademarks “may disparage a substantial composite of Native Americans,” the Redskins might have a stronger position with the procedural posture of the case, given that this decision came in the context of a motion for summary judgment, and the court found no genuine issue of material fact to be resolved by a trial. Kenney says “This is a fairly high standard to meet,” and the team might focus on this question, arguing that the issues should at least be put to trial.