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Five young Native activists are asking a federal judge to dismiss a lawsuit filed by the Washington NFL team.

In Blackhorse v. Pro Football, Inc., the Trademark Trial and Appeal Board canceled six of the team's trademarks because they are disparaging to Native people. The team responded by suing the activists in federal court.

But the activists say they aren't the ones who should be sued. The team's complaints lie with the United States Patent and Trademark Office, according to a motion filed in federal court on Monday.

"PFI does not allege a trademark ownership or infringement dispute or assert any other cause of action against the Blackhorse defendants," the motion stated, referring to Pro-Football Inc., the Washington team's legal entity. "Rather, PFI’s dispute is with the USPTO."

The team previously sued Native activists who won a 1999 decision from the Trademark Trial and Appeal Board to cancel the marks. That case was heard in the federal court in Washington, D.C., but the team chose the federal court in Virginia for its new lawsuit.

Get the Story:
Native Americans seek dismissal of Redskins lawsuit against them in trademark case (The Washington Post 9/23)

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