There is no way I'm going to go back to this debate about whether Washington should change its name.
But, I will say this:
What strikes me as interesting is that the denial of a trademark doesn't restrict an organization like the Redskins from using their name in any way. It merely doesn't restrict others from using the name, or its associated logos, etc. In other words, the denial of trademark protection is not restricting the organizations free speech, it's restricting their ability to profit from that speech.
So... is profit covered by the first amendment? Of course it isn't. There are lots of things we aren't allowed to profit from. But, as I read it, this judge is basing his decision on the belief that the government should not be allowed to judge the merits of intellectual property, or whether or not it is offensive-- that decision should be left up to the consumer, and the court of public opinion.
Personally, I find the name to be in extremely poor taste, at best. I find no reason to argue with the National Congress of American Indians (NCAI) on the subject. They consider it offensive. And, I know of no other organization that is more representative of Native American interests than the NCAI, anecdotal girlfriends notwithstanding.
Be that as it may, I agree with this judge's ruling. There is a fine line here. The government does have a right, and a responsibility to protect minorities against discrimination. If the Native American community could show that they had been actively discriminated against, that would be an entirely different argument (one, I suspect they would lose). But, the question here is: Who has the right, or responsibility to decide what is offensive? In the past, the U.S. Patent and Trademark Office has held that authority. I don't see taking that power away from them as a step in the wrong direction.
Are there birth certificates with the designation, "redskin" on them? Is "redskin" a "proper scientific term?" Of course not. That would be offensive.
I think the better comparative analogy for the term "redskin" would be the term "ni**er." (that is as close as this site will allow me to spell that.)
Although, come to think of it, I strongly suspect that a team called, "The Washington Negros" would be considered by most rational adults to be offensive.