sycasey;842326217 said:
The suit was brought by private Native American citizens. Not a government-driven action.
Tons of cases are brought before the USPTO every year. Many of them are frivolous, but they still have to hear them (due process and all that). And in this case it seems the case was NOT frivolous, because they ruled in favor if it.
Any taxpayer money spent on this case specifically is incidental and would have probably been spent on some other frivolous patent application anyway. This argument about it being a waste of government money is a specious argument and a distraction from the actual issue here.
I don't see it as a distraction, because, like you said, this is one of many examples of cases that, in the aggregate, make the PTO inefficient and/or require increased budgets to expand the staff to handle the increased caseload. Whether the case was frivolous or not, it was still inappropriate to bring this case in order to put political pressure on the owner to change the name of the team. As someone already pointed out, losing your federal registration does not really affect your common law trademarks.
I looked into this a bit further. This was a petition brought by a group of native Americans to cancel the registration of the Redskins trademarks and filed with TTAB. So, while the lawyers for both parties would be funded by the two private parties, you are wasting the time of the 3 member TTAB administrative judges, both in the hearing, and in reading the briefs (there are many), ruling on motions, and finally, in issuing an opinion, not to mention the staff relied on by the administrative judges. This is not an insignificant amount of time and resources that would go into this. The plaintiffs were required to pay an $1800 filing fee to file the petition, but that would only cover about 1-2 days worth of work (being generous) of one lawyer/judge. This likely took much more than that.
Not only that, but this was already decided by the TTAB once, then appealed, likely to the Fed. Cir., and reversed, at which point the lawyers for the plaintiffs found a new set of plaintiffs in order to overcome the previous reason for the reversal. Furthermore, this new decision will likely be appealed to the Fed. Cir. and I think there is a good chance that it could be reversed on the merits (or not, it could go either way). So, you are looking at a case which has lasted all of a decade or more already (the second petition was filed in 2006) and has been argued twice at the PTO TTAB and once at the Fed. Cir. (with a likely second time to come).
so, I don't think it is specious argument at all... while the total sums aren't into the millions, I would guess they do reach into the tens of thousands if not hundreds of thousands on the part of the taxpayer. It is certainly a waste of taxpayers money with regard to binding up administrative functions, especially at the USPTO, which is already understaffed and underfunded. I am all for having public opinion put pressure on the owner to change the name as that doesn't waste TTAB's time and tax money on a private dispute.