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

Elegant Angel Debuts James Avalon Drama 'Summer & Joy'

Elegant Angel has released the first installment of the James Avalon-helmed drama "Summer & Joy."

Octavia Red Stars in 'Lipstick on the Glass' From Deeper

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars with Ashley Lane and Mannie Coco in "Lipstick on the Glass," from Vixen Media Group studio imprint Deeper.

Inside the Impact of New AV Laws on Sex Toy Ecommerce

Over the past few years, age verification (AV) has gone from a niche policy discussion to a very real, very immediate concern for anyone operating in the adult space.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

Lucy Mochi Makes Her Blacked Debut

Lucy Mochi has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Hollywood Cash, in the studio’s latest release.

Gia Derza Toplines Latest Volume of Pat Myne's 'Gape For Days'

Gia Derza headlines director Pat Myne's "Gape For Days 6," from Evil Angel.

Lovita Fate, Betzz Lead Latest From Immoral Productions

Lovita Fate and Betzz star in a new Immoral Productions trilogy alongside Matt Bird, Rob Hudson, and studio honcho “Porno Dan” Leal.

Orion Debuts New Styles From 'Svenjoyment' Line

Orion Wholesale has released three new styles from its Svenjoyment undergarment line.

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

Full Circle Expands Enhancements Collection

Full Circle has expanded its collection of performance enhancers.

Show More