SCOTUSBlog has listed Harjo v. Pro-Football as one of its petitions to watch.

Indian activists, led by Suzan Shown Harjo, are challenging the federal approval of the trademarks used by the Washington Redskins. They say the marks are offensive to Native Americans.

The plaintiffs won their case before the United States Patent and Trademark Office. But the team took the case to the federal courts, which have ruled that the activists waited too long to challenge the marks.

The U.S. Supreme Court will consider the Harjo petition at a closed-door conference tomorrow. The case has the potential to be accepted due to a split among the circuit courts regarding trademark law. One of the circuit court opinions was authored by now-Justice Samuel Alito.

Get the Story:
Petitions to Watch | Conference of 11.13.09 (SCOTUSBlog 11/11)

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