Intellectual Property Justice for Traditional Culture and Traditional Communities
Members of the faculty have published important legal and empirical studies on the question of how domestic and international IP law might offer appropriate affirmative protection to cultural interests of native and indigenous peoples, and PIJIP has organized conferences and workshops on the topic. Faculty also have been in the forefront of the struggle to combat “mascotting” and other disparaging references to native and traditional communities in sports team branding.
- Peter Jaszi. Legal Protection for Indonesian Traditional Arts in Transitions, in Diversity in Intellectual Property. (Cambridge University Press, Irene Calboli & Srividhya Ragavan, eds. 2015).
- Christine Haight Farley. Registering Offense: the Prohibition of Slurs as Trademarks, in Diversity in Intellectual Property. (Cambridge University Press, Irene Calboli & Srividhya Ragavan, eds. 2015).
- Victoria Phillips and Erik Stegman. Missing the Point – The Real Impact of Native Mascots and Team Names on American Indian and Alaska Native Youth. Center for American Progress, July 2014.
- Peter Jaszi. Traditional Culture: A Step Forward for Protection in Indonesia. Ford Foundation, May 2010; American University, WCL Research Paper No. 2010-16.
PIJIP Documents and Video
- WCL IP Clinic Statement: USPTO Cancels Washington NFL Team Trademark Registration.
- Law Professors Brief, authored by PIJIP Professors Victoria Phillips and Christine Farley and Signed by 33 Professors. Brief of Law Professors as Amici Curiae in Support of the Petitioners, Harjo v. Pro-Football Inc.
- Natasha Dhillon, Justin Hemmings, Maggie Scales, and William Stanley, Student Attorneys at the WCL IP Clinic. 11 Reasons to Ignore the 10-Year-Old Annenberg Survey About the Washington Football Team’s Offensive Name.
- PIJIP panel discussion Susan Harjo and others. Initiative to regulate commercial appropriation of names, symbols, and modes of cultural production associated with traditional and indigenous communities
- Opinion of the USPTO Trademark Trial and Appeal Board: Blackhorse v. Pro Football.
- Robert McCartney’s for the Washington Post, quoting Professor Farley). Board Rules for Dictionary over Redskins’ Feeble Attempts to Defend Team Name.
- Darren Rovel for ESPN, quoting Professor Farley. Patent Office: Redskins ‘Disparaging.’