Justice Department intervenes in Redskins trademark case

Erik Brady | USA TODAY Sports

The U.S. Department of Justice said Friday that it would intervene in the trademark case involving the Washington NFL club's team name to defend the constitutionality of the Lanham Act, which bars disparaging trademarks.

The announcement is a boost for Amanda Blackhorse and other Native American petitioners in the case. An appeal board of the U.S. Patent and Trademark Office canceled six of the team's trademark registrations last year, ruling that the term "Redskins" was disparaging to a substantial composite of Native Americans at the time the registrations were granted from 1967 to 1990.

The team sued Blackhorse and the other petitioners last summer, arguing that the Lanham Act, passed by Congress in 1946, is "unconstitutionally vague" and that it violates the team's free speech rights.

Jesse Witten, who represents the Native American petitioners, told USA TODAY Sports: "We are very pleased that the Department of Justice is going to join the litigation on our side. The team is litigating this case vigorously and the Government's participation will be helpful."

Robert Raskopf, the team's trademark attorney, did not immediately return a call for comment.

"The Department of Justice is dedicated to defending the constitutionality of the important statute ensuring that trademark issues involving disparaging and derogatory language are dealt with fairly," Joyce Branda, acting assistant attorney general for the civil division, said in a statement.

The Justice Department said in a release that it "is specifically authorized by federal statute to intervene in any federal action in which the constitutionality of an act of Congress is drawn into question."

Blackhorse said by email that she is pleased that the Justice Department is joining the case: "The R-word clearly is offensive and as a Native person it's good to see others are hearing us."

Team owner Daniel Snyder has long said that the team name honors Native Americans and that he will never change it.