[Congressional Record Volume 159, Number 42 (Thursday, March 21, 2013)]
[Extensions of Remarks]
[Pages E363-E364]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   IN SUPPORT OF H.R. 1278, THE NONDISPARAGEMENT OF NATIVE AMERICAN 
        PERSONS OR PEOPLES IN TRADEMARK REGISTRATION ACT OF 2013

                                 ______
                                 

                       HON. ENI F.H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                        Thursday, March 21, 2013

  Mr. FALEOMAVAEGA. Mr. Speaker, I want to share with my colleagues and 
with the American people a particular issue that has been a source of 
humiliation for our Native American people--the use of the word 
``redskin,'' which I will refer to as the ``R-word.'' This derogatory 
and racist term is rooted in state-sponsored genocide efforts when 
colonies paid individuals for the skins of dead Indians. The Native 
American community has never accepted the ``R-word'' as anything more 
than a hurtful, disparaging label that is a reminder of the 
maltreatment they have endured.
  Some may argue that the ``R-word'' is no longer disparaging towards 
Native Americans. However, over the course of my tenure as a 
Congressman, as a member of the Subcommittee on Indian and Alaska 
Native Affairs, and as a member of the Congressional Native American 
Caucus, I have received an increasing flow of calls and letters from 
Native American individuals, tribes, and organizations who abhor this 
denigrating term. It is their opinion that the ``R-word'' is a racial 
stereotype that causes harm to the collective self-esteem of the 
American Indian people.
  Mr. Speaker, this term has no place in our modern American society. 
It is akin to the ``N-word'' which reflects the history of prejudice 
and persecution that our African American brothers and sisters endured. 
Can you imagine the public outcry that would result if a Pro-Football 
team was named the ``N-word?''
  In 1933, the District of Columbia's professional football team 
adopted the ``R-word'' as its name and mascot. In 1967, the United 
States Patent and Trademark Office, PTO, granted the team a federally 
registered trademark for the ``R-word.'' This action is contrary to the 
mandates of the Trademark Act of 1946 (Lanham Act) which requires the 
PTO to

[[Page E364]]

refuse to register any trademark that ``[c]onsists of or comprises . . 
. matter which may disparage . . . persons, living or dead . . . or 
bring them into contempt, or disrepute.'' 15 U.S.C. 1502(a). The PTO 
has denied registration of trademarks using the ``R-word'' on four 
separate occasions on grounds of disparagement--three times in 1996 and 
once in 2002.
  In 1992, seven prominent Native American leaders petitioned the 
Trademark Trial and Appeal Board, TTAB, to cancel the federal 
registrations over six trademarks using the ``R-word.'' The TTAB in 
1999 ruled that the ``R-word'' may, in fact, disparage American 
Indians, and cancelled the registrations. On appeal, a federal court 
reversed the TTAB's decision, holding that the petitioners waited too 
long after coming of age to file their petition. A new group of young 
Native Americans petitioned the TTAB to cancel the registrations of the 
offending trademarks in 2006. The TTAB held a hearing on March 7, 2013. 
A final decision is pending.
  Mr. Speaker, despite the indigenous community's efforts before 
administrative agencies and the courts, the ``R-word'' remains 
protected as a federally registered trademark. Since the federal 
government made the mistake in registering the disparaging trademark, 
it is now up to Congress to correct that mistake. Now is the time to 
end this injustice.
  Mr. Speaker, yesterday I introduced H.R. 1278, the ``Non-
Disparagement of Native American Persons or Peoples in Trademark 
Registration Act of 2013.'' I want to thank the following members for 
their support as original cosponsors of this historic legislation: Tom 
Cole (R-OK), Betty McCollum (D-MN), Eleanor Holmes Norton (D-DC), Raul 
Grijalva (D-AZ), Karen Bass (D-CA), Gwen Moore (D-WI), John Lewis (D-
GA), Michael Honda (D-CA), and Donna Christensen (D-VI).
  H.R. 1278 is also endorsed by the following organizations: National 
Congress of American Indians, NCAI, Morning Star Institute, 
International Indian Treaty Council, Native American Rights Fund, 
American Indian Movement--West, American Indian Higher Education 
Consortium, Americans for Indian Opportunity, Capitol Area Indian 
Resources, Inc., American Indian Studies--University of Illinois at 
Urbana-Champaign, Program on Information Justice and Intellectual 
Property--American University, Alianza Indigena Sin Fronteras 
(Indigenous Alliance Without Borders), National Indian Education 
Association, Native American Finance Officers Association, and Tulsa 
Indian Coalition Against Racism. These organizations have indicated in 
letters of support for H.R. 1278 that the ``R-word'' continues to have 
damaging effects in the Native American community.
  H.R. 1278 would cancel existing federal registrations for trademarks 
using the ``R-word.'' It would also deny registration for new 
trademarks incorporating the ``R-word.'' As in the decision made by 
TTAB in 1999, it ruled, in fact, that the ``R-word'' was a disparaging 
term.
  As an avid sports fan, I applaud the excellence in athleticism and 
leadership demonstrated by our professional athletes both on and off 
the field. I am also very proud of the many Samoans and Pacific 
Islanders who have had much success in sports, particularly in the NFL. 
While I acknowledge the D.C. professional football team's many 
achievements, I have grave reservations concerning their name.
  Mr. Speaker, I want to be clear that H.R. 1278 is not an attempt to 
censor or remove the freedom of the D.C. professional football team to 
use the ``R-word'' in its franchise. Rather, this legislation seeks to 
reinforce governing law that prohibits federal registration for 
disparaging terms, like the ``R-word.'' It is unfortunate that the 
federal government, which has a special trust relationship with Native 
Americans, continues to protect this racial slur.
  It is my hope that H.R. 1278 will advance the dialogue regarding the 
``R-word'' among our legislators. I also invite those with a vested 
interest in this issue, including the owner of the D.C. professional 
football team, to bring their concerns to the table.

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