Proof of Legal Concept
This summary is superseded by the full legal memorandum, which makes the same argument with citations.
Asserts that the name "Trailblazers" is the inalienable cultural heritage of Oregon citizens.
Recognizes the "Trailblazers" as a trademark name of a Portland-based basketball team.
Asserts that were the team to decamp to another state, the name "Trailblazers" would devolve to the citizens and State of Oregon.
Asserts that, in the event, the Governor of Oregon could exercise eminent domain to seize any trademark granted to the mere name "Trailblazers".
Asserts in the alternative, if courts were not to uphold this action, that no claim of trademark infringement could be enforced against the State of Oregon or any of its constituents, including this website's owner, for using the name "Trailblazers" in reference to an Oregon basketball team, even against the wishes of Rip City Mgmt Inc. or Portland Trailblazers Inc.
The name "Trailblazers" is the inalienable cultural heritage of Oregon citizens.
A full legal memorandum in support of this argument is published at Trailblazers: Inalienable Cultural Heritage of Oregon.