FALA Sides With Redskins in Trademark Case

FALA Sides With Redskins in Trademark Case

ALEXANDRIA, Va. — The First Amendment Lawyers Association has filed a friend-of-the-court brief with the 4th U.S. Circuit Court of Appeals to reverse the cancellation of the Washington Redskin’s trademarks.

The Redskins, waging a 20-year battle to protect the football team’s name in the face of charges that it is offensive to Native Americans, was hit with an adverse judgment against its name, which it has used for 83 years.

In 2014, the Trademark Trial and Appeal Board voted to cancel the Redskins’ trademark, declaring it to be offensive to Native Americans and therefore in violation of the Lanham Act, which prohibits names that “may disparage” or bring those into contempt or disrepute.

The Redskins brought an action challenging the board’s cancellation of the trademarks in Virginia federal court, but that court upheld the ruling asserting that cancellation did not violate any First Amendment rights of the football club.

Last week, in a brief, the Redskins told a 4th Circuit panel that there are countless potentially “offensive” brand names, including “Midget-Man condoms and inflatable sex dolls ... Anal Fantasy Collection ... Edible Crotchless Gummy Panties lingerie.”

FALA, in its amicus brief filed Friday, has asked for free speech protection for the Redskins team name, claiming that Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a) violates the First Amendment in that it is a viewpoint-based restriction on protected commercial speech “because it deprives citizens of a federal benefit based on both the content and the viewpoint of their speech.”

No articulable government interest exists to justify this restriction, FALA said in the brief, noting that the law is also void for vagueness because it does not warn trademark holders of what marks will be deemed immoral, scandalous or disparaging.

FALA’s brief to the court was written by adult industry attorney Marc Randazza, who wrote that the court cannot suppress trademarks without also suppressing the ideas they convey.

Randazza said that courts have let Section 2(a) stand unquestioned for far too long, noting that the law is unconstitutional and has done great harm to the marketplace of ideas for decades.

“Trademarks provide information to potential and current consumers, ranging from information about goods and services to company values, beliefs and ideas,” Randazza wrote. “Therefore, the government cannot use Section 2(a)’s restriction on “immoral . . . or scandalous matter; or matter which may disparage” to suppress the protected speech encompassed by trademarks without adequate justification.”

FALA is one of several groups that have filed amicus curiae briefs, or friend-of-the-court briefs. So far the American Civil Liberties Union, The Rutherford Institute and Cato, among others, have taken the side of the Redskins in the appellate case.

View FALA's brief

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Aleksa Mink Stars in Latest From Reality Kings

Aleksa Mink stars with Kaby Snow in the latest release from Reality Kings, titled "Pitch My Tent."

FSC Hails Members, Allies in SCREEN Act Victory

The Free Speech Coalition (FSC) released a statement today praising its members and allies after a successful lobbying effort to prevent the SCREEN Act, a nationwide age verification bill, from advancing out of the Commerce Committee for a full vote on the Senate floor.

Harlie Hotwife Makes Her TeamSkeet Debut Alongside Maria May

Harlie Hotwife has made her TeamSkeet debut alongside Maria May, Mike Ox, and AustanT in the latest installment of "Mom Swap," from studio imprint Swappz.

Lovehoney Group Resolves Patent Disputes With Maia Toys, CalExotics, Doc Johnson

Lovehoney Group announced in a statement that it has settled patent disputes with Maia Toys, CalExotics and Doc Johnson Enterprises regarding products protected by the company’s intellectual property rights.

Mia Macana Makes Her Adult Time Debut

Mia Macana has made her Adult Time debut alongside Cami Strella in the latest scene from studio imprint Transfixed, titled “Tonight's Not A Total Bust...”

SCREEN Act Stalls in Senate Committee Over Technicality

The Senate Commerce Committee on Wednesday voted to approve the SCREEN Act, which would mandate nationwide site-based age verification of users seeking to access adult content online, but a procedural issue blocked the bill from advancing to the full Senate.

Lovense Debuts Upgraded 'Gush 2' Motion Sensing Masturbator

Lovense has introduced an updated version of its Gush 2 male masturbator, which now includes motion-sensing control capability.

DarkFans Adds Time-Limited Content Pricing

DarkFans has debuted its Configure Limits feature for automating content promotions.

Clips4Sale, Free Speech Coalition Partner for 'Creator Workflow' Webinar

Clips4Sale (C4S) and Free Speech Coalition (FSC) have partnered for a webinar titled “Organization & Workflow: Simple Systems for Busy Creators.”

Show More