Suzan Shown Harjo, Amanda Blackhorse, and Pro-Football, Inc. / 1990s–2010s
The legal fight became nearly as consequential as the public protest. In 1992, Suzan Shown Harjo and six other Native American leaders challenged the team’s federal trademark registrations under the Lanham Act, which then barred marks that might disparage people or bring them into contempt. The Trademark Trial and Appeal Board ruled for the challengers in 1999 and ordered the registrations canceled, but a federal district court reversed that decision in 2005, holding that the evidence was insufficient; later appeals failed largely because the plaintiffs were deemed to have waited too long to assert their rights. A second challenge, filed in 2013 by younger plaintiffs led by Amanda Blackhorse, again persuaded the TTAB that the name was disparaging. That victory was overtaken by the Supreme Court’s 2017 decision in Matal v. Tam, which struck down the Lanham Act’s disparagement clause as unconstitutional viewpoint discrimination. The Native American plaintiffs and Justice Department withdrew from further litigation, leaving the team legally protected from trademark cancellation but not morally or politically vindicated. The name was ultimately retired in July 2020 after sponsors including FedEx, Nike, PepsiCo, Amazon, Target, and Walmart applied intense commercial pressure amid the George Floyd protests. The club temporarily became the Washington Football Team and adopted the Washington Commanders in 2022.
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