Another Legal “Situation”…

Yesterday, I mentioned Pierre Garcon’s suit against FanDuel. It turns out that is not the only legal action that involves the Skins these days. The team itself is in court filing to appeal a ruling that says its team name is an offensive racial slur and therefore should not be afforded trademark protection. The Legal Eagles representing owner Danny Boy Snyder can surely come up with at least a dozen and a half arguments to justify their appeal that the banishment of this trademark is legally improper. It seems to me as if those Legal Eagles have chosen to take the low road in this battle.

    [Aside: I guess the advantage of taking the low-road is that they will not encounter Denny Green at any point on their journey. He is, after all, always on the high road…]

To do a quick reset here, the folks in the government who rule on the viability of trademarks decided last year that “Redskins” was a racial slur and therefore could not be given trademark protection by the US Government. The team appealed that decision and at some point earlier this year encountered a federal judge who agreed with the folks who make trademark decisions in this matter. So, the team is now in the appellate process – and the Supreme Court remains a possible option no matter which side prevails at this level. Whether or not “The Supremes” want to deal with an issue as moldy as this one remains to be determined.

Given the uncertainty of any sort of Supreme Court review, perhaps the background music for all of this should be by Diana Ross and The Supremes as they sing, You Keep Me Hangin’ On. Alternatively, should Danny Boy and his Legal Eagles lose this battle, maybe the background music should be The Supremes singing:

    Things Are Changing – or –
    Some Things You Never Get Used To – or –
    I’ll Try Something New.

In any event, what the Skins’ legal representatives chose to do in their appellate brief was to sink to the level of a school-yard argument making the case that the team nickname is not worse than a whole bunch of others. They found more than a couple dozen offensive trademark names that have been approved by the trademark mavens in recent times; the direct implication is that those names are in the same genre of names as “Redskins”. Here are a couple that they cite:

    Cracka Azz (a skateboard brand)

    Gringo Style (a kind of salsa)

    Hot Octopuss (an ointment to prevent premature ejaculation)

    Laughing My Vagina Off (a website for “Chicks and Giggles”)

    Midget Man Condoms (do we really need any more clarity here?)

    Redneck Army (a line of clothing)

With the possible exception of “Gringo Style” as a kind of salsa, these names may be offensive to some but none are of the flavor of a “racial slur”. Like it or not, that is the basis of the trademark denial by the trademark mavens and by the federal court judge that got us here. By the way, that same federal judge also included in his ruling that denying this trademark on the basis of what it is does not infringe on the team or the owner’s First Amendment freedom of speech.

I am rooting for this to go to the Supreme Court for a final decision. It really does not matter to me which way the decision goes in the final confrontation; the world will continue to go from day to night and back to day again in the event that either side prevails. What I want to witness is the commentary by the media folks who report on Supreme Court proceedings as to the oral arguments and then as to the parsing of the various opinions that will surely come forth from the Justices. I have zero legal training, but that will be enjoyable listening and reading indeed…

We are on the cusp to begin the college basketball season. Like in college football, many teams open the season with patty-cake opponents. Greg Cote of the Miami Herald took note of one such “game” scheduled by the University of Miami:

” ‘Soft opening’ this week for Canes men: Jim Larranaga’s guys host an exhibition game vs. Dowling this Wednesday night as they prepare to open the season Nov. 13. Free tickets to anybody who knows who or what ‘Dowling’ is.”

And speaking of college basketball, let me offer a few comments regarding the allegations that recruits and players at the University of Louisville were provided “escort services” and “sexual encounters” that were arranged for and paid for by a member of the Louisville coaching staff. Many commentators have focused on what Coach Rick Pitino knew or did not know; more than a few folks have called for him to be fired. Here is my thinking on the matter:

    As the Head Coach, he should have known what was going on in the “recruiting arm” of the basketball program. However “should have known” and “knew” are two very different things in this case.

    Please keep in mind the “Duke Lacrosse Case” and the “fraternity gang rape at the University of Virginia” here. Do not fall victim to the train of thought that says “we all know this kind of sleaziness goes on” and therefore, the link to the head coach has to be true. “The Narrative” does not trump “The Evidence”.

    If it can be shown that Rick Pitino knew about any of this – even in general terms – and did not take steps to stop it, he should be fired from his job and the NCAA should put a 10-year “show-cause” order on him lest some other school tries to hire him to coach basketball there.

    If what is contained in the paragraph above cannot be shown, then each and every member of the media who has called for him to be fired or sanctioned in any way needs to apologize publicly as a condition of keeping his or her job.

I do not know what Rick Pitino knew or did not know. I also admit that I am not sufficiently aware of how the basketball program is managed at Louisville to opine as to what he might have known or should have known. What I know is that in cases like this:

    Sometimes the accuser is stone-cold right. See José Canseco and steroids/PEDs in MLB as an example.

    Sometimes the accuser is stone-cold wrong. See Crystal Magnum and the Duke Lacrosse scandal as an example.

Finally, Bob Molinaro of the Hampton Roads Virginian-Pilot and I tend to agree on the vast majority of sports topics out there. In this case, it would appear that Messr. Molinaro has made up his mind a bit before I think it is prudent to do so. History may prove him to be perfectly correct – even prescient. I will choose to wait for more evidence to come forth:

“Catch-22: Rick Pitino is trying to survive what would be a lose-lose proposition for most any other coach. Even if you take him at his word that he wasn’t aware of the Louisville recruiting parties that reportedly featured strippers and prostitutes, is there any plausible excuse for why the head coach shouldn’t have known? I wouldn’t bet against Slick Rick hanging onto his job, though. This is college basketball in Kentucky, after all.”

But don’t get me wrong, I love sports………

4 thoughts on “Another Legal “Situation”…”

  1. Speaking of Kentucky, would you like to make a little wager that this type of thing is going on at the Wildcat’s famous “one and done” program? Bet it is!

    1. If you are a “one and done” basketball player at any NCAA DI school, you have to take at least 12 semester hours in the Fall of your freshman year. You have to go to class at most universities, or you will be dropped from the roll. There is no grade point requirement, but you have to make a passing grade and get credit for six hours. In the Spring semester, the “one and dones” do not have to actually go to class after the basketball season ends, nor do they have to actually do any of the course work.

      Even at Kentucky, I think John Calipari can find two classes his freshmen basketball players can take and manage a D or better. I would love to see the NCAA eliminate freshman eligibility.

      1. Doug:

        The reason that is not likely to happen is that with the NBA requiring year out of high school before being eligible for the draft, the NCAA would lose the services of the best high school players many of whom would find other things to do to play basketball without the hassle of classes and rules and “stuff”.

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