McCaulay has filed numerous trademark claims in the past six years for potential nicknames for the Washington football team. A search by CBS News in the database of the United States Patent and Trademark Office found at least seven names that were registered in the past month alone. Among them, the Washington Red Wolves, Washington Redtails, Washington Monuments, Washington Americans and Washington Veterans. The idea would likely be to sell the name to Snyder if Washington chose one of the registered names.McCaulay told CBS News that he sent the NFL an email on July 4, listing any trademarks they could get for free, but they did not respond. He said he wanted “to give them away to the NFL for free to facilitate the name change.” However, in a series of tweets on Tuesday, he seemed open to the possibility of a currency exchange.
“I think ten days to give the NFL my trademarks for free is enough,” McCaulay tweeted. “My new answer will be something vague as if I did not expect anything, but I will accept any offer they would like to make. “
According to a legal expert, if McCaulay, or anyone else trying something similar, sees any profit, it depends on the “intention” to use the names. David Leichtman, managing partner at Leichtman Law PLLC, questioned the possibility of the success of such a program.
“So, if they have been found to have correctly chosen what the Washington football team decides to use as their new name … then the question will become, by the time they have registered the mark, what was their true intention to drop it off? Leichtman told CBS News. “I think it is highly unlikely that the trademark office or a court would say that someone who filed a trademark application for the sole purpose of speculating has actually made a good faith attempt to use the name in trade . ”
“The NFL football teams and properties are known to be really aggressive in enforcing their brands and their brands,” he added. “So it would be surprising if they didn’t do something quickly if it turns out that one of the names is the one they intend to use.” ”
McCaulay was aware of this, however, in order to strengthen his claim, he designed a website where he sells t-shirts, mugs, wine glasses and other merchandise displaying some of the names he has registered. He told CBS News that he personally wants the Washington football team to choose Redtails as the new name.
The Washington NFL franchise announced Monday that it will immediately “remove” the Redskins name and logo, after decades of criticism that the two were offending the Native Americans. The move came less than two weeks after owner Dan Snyder launched a “thorough review” under pressure from the sponsors. FedEx, Nike, Pepsi and Bank of America all aligned with the name, which was given to the franchise in 1933 while the team was still based in Boston.