The Redskins yesterday petitioned the U.S. Supreme Court to hear the team’s lawsuit against the U.S. Patent & Trademark Office (PTO) for invalidating six of the team's trademarks, even before a federal appeals court has ruled on the matter or scheduled oral arguments. The club contended in a 42-page filing at the high court its argument that the trademark invalidation violated the First Amendment is similar to a high profile case currently seeking review by the Supreme Court, Lee v Tam. In that case, a federal appeals court in December overturned the PTO denial of trademarks for Asian rock band The Slants. The office had found The Slants to be offensive under the Lanham Act, which prohibits offensive trademarks. It was under the Lanham Act the PTO also found the Redskins name offensive. The appeals court in Tam found the Lanham Act provision violated the First Amendment, an argument made by the Redskins but rejected by the PTO and a lower court last year. The federal government is appealing Tam to the Supreme Court. The Redskins' contention is that its case should be considered by the Supreme Court in tandem with Tam because it involves essentially the same case, though with some difference. While Tam involves an initial denial, the Redskins trademarks were invalidated a half century after being approved. The Supreme Court has reviewed cases that have not been heard yet by an appellate court before, a process known as a writ of certiorari before judgment. Nevertheless, this sidesteps the normal process of district court to appeals court to Supreme Court.
