The Washington Redskins name change battle started in earnest on Thursday, as team general manager Bruce Allen attended a hearing before three judges of the Trademark Trial and Appeal Board about whether the team name should be deemed a racial slur.
According to ESPN.com, Allen attended the hearing that debated over the nickname of the team and featured a range of interesting legal terms, including the "hearsay exception", as a group of five Native Americans started to present the case that the name "Washington Redskins" is disparaging to a significant population of American Indians.
"There was one reference to a delay of game penalty," Allen said, "which was the football part that I understood."
According to the report, the group of petitioners had to show the judges that the team name was offense to American Indians when the team was granted the trademarks, which in turn would then prove that the word "redskins" is a slur and that it should not be protected under federal trademark protection. If the case presented by the petitioners does not work, the name likely will not change.
The report said that the case will take a long time to be resolved and if the ruling goes against the tea, the Redskins will likely appeal it. In the past the team went through a similar case and won eventually after it began in 1992 and after 17 years the Supreme Court decided not to look at the case.
The board originally stripped the team of the trademark protection in 1999, but it was overturned later on appeal after the courts decided that the plaintiffs took too long to make the complaint. Five Native Americans aged between 18 and 24 originally filed the current case in 2006.
The judges grilled both sides of the argument on Thursday, including the lawyer for the Native Americnas, saying that he must state the best evidence for the case. Attorney Jesse Witten argued the use of the word "redskin" in the public realm and both sides of the case went back and forth about the literal definition.
The board of judges cannot force the team from using the Redskins name, but where they could rule and hurt the team is through trademark protection, which would greatly hurt Dan Snyder and the team when it comes to marketing.
"If you look at everything that we represent, you'll find that the Washington Redskins has a positive image," Allen said. "And much more positive this year with a winning season. Our television ratings, our fans, our Washington Redskins charitable organization and what it's done for this community."
Allen was asked by reporters about fans and Native Americans who find the name offensive, answering: "I'm sure there's a handful of critics to anything in our country and anything in sports."
A petition was put online last week about the name change, with fans asking people on the internet to sign in the hopes of sending it to owner Dan Snyder. The petition read: "After a symposium at the Smithsonian Institution National Museum of the American Indian, this petition was started to urge franchise owner Dan Snyder to change the name of the mascot. In an effort to advocate for this change, we are urging signers to refrain from using the mascot name, and urging the Washington Post to do the same."
Many fans have dismissed the argument and the team has shown no signs of relenting on the decision not to change the name. The original nickname comes from the team's former owner, who was the last one to allow an African-American on his roster.
The Redskins moved to Washington in 1937 and have had the name ever since. Over the years other high schools, universities, colleges and professional sports teams have changed their name from the Redskins moniker, including Miami University in Ohio. Up until this point, team owner Dan Snyder has shown no signs of wanting to change the name or starting a discussion to do so.
