Engagement Toolkit: Investors Demand Washington Team #Changethename
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Brief in Support of Complaint
STATE OF WISCONSIN DEPARTMENT OF PUBLIC INSTRUCTION _____________________________ Carol S. Gunderson; Harvey S. Gunderson; ) < 13 names redacted to protect their privacy > ) ----------------------------- ) ----------------------------- ) ----------------------------- ) BRIEF IN SUPPORT ----------------------------- ) OF ----------------------------- ) COMPLAINT -----------------------; individually and on ) behalf of all others similarly situated, ) Petitioner(s), ) ) Pursuant to Wisconsin Statute §118.134 Vs. ) ) Case No._10-LC-01_(Osseo-Fairchild)_ Osseo-Fairchild School District; ) Osseo-Fairchild School Board; ) Respondent(s). ) ______________________________________)________________________________ I INTRODUCTION The above named Petitioner(s) Pro Se (hereinafter referred to as “Petitioners”) have filed a Complaint pursuant to Wisconsin Statute § 118.134, and in support of said Complaint hereby file this Brief in Support of their Complaint now pending before the State of Wisconsin Department of Public Instruction (hereinafter referred to as “Department”). The Petitioners, each and every one of them, allege that the Osseo-Fairchild School Board (hereinafter referred to as “Respondents”) acting under the color of state law and statutes authorized the use of a race-based nickname, logo and team nickname with associated references that violate Wisconsin Statute § 118.134. The Osseo Fairchild School District has utilized a race-based nickname, logo and team nickname for many decades and have for several years, either through testimony -
March 30 2018 Seminole Tribune
BC cattle steer into Brooke Simpson relives time Heritage’s Stubbs sisters the past on “The Voice” win state title COMMUNITY v 7A Arts & Entertainment v 4B SPORTS v 1C Volume XLII • Number 3 March 30, 2018 National Folk Museum 7,000-year-old of Korea researches burial site found Seminole dolls in Manasota Key BY LI COHEN Duggins said. Copy Editor Paul Backhouse, director of the Ah-Tah- Thi-Ki Museum, found out about the site about six months ago. He said that nobody BY LI COHEN About two years ago, a diver looking for Copy Editor expected such historical artifacts to turn up in shark teeth bit off a little more than he could the Gulf of Mexico and he, along with many chew in Manasota Key. About a quarter-mile others, were surprised by the discovery. HOLLYWOOD — An honored Native off the key, local diver Joshua Frank found a “We have not had a situation where American tradition is moving beyond the human jaw. there’s organic material present in underwater horizon of the U.S. On March 14, a team of After eventually realizing that he had context in the Gulf of Mexico,” Backhouse researchers from the National Folk Museum a skeletal centerpiece sitting on his kitchen said. “Having 7,000-year-old organic material of Korea visited the Hollywood Reservation table, Frank notified the Florida Bureau of surviving in salt water is very surprising and to learn about the history and culture Archaeological Research. From analyzing that surprise turned to concern because our surrounding Seminole dolls. -
Blackhorse V. Pro Football
THIS OPINION IS A PRECEDENT OF THE TTAB Hearing: Mailed: March 7, 2013 June 18, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ Amanda Blackhorse, Marcus Briggs-Cloud, Philip Gover, Jillian Pappan, and Courtney Tsotigh v. Pro-Football, Inc. _____ Cancellation No. 92046185 _____ Jesse A. Witten, Jeffrey J. Lopez, John D. V. Ferman, Lee Roach and Stephen Wallace of Drinker, Biddle & Reath LLP for Amanda Blackhorse, Marcus Briggs, Philip Gover, Jillian Pappan, and Courtney Tsotigh. Robert L. Raskopf, Claudia T. Bogdanos and Todd Anten of Quinn Emanuel Urquhart & Sullivan, LLP for Pro-Football, Inc. _____ Before Kuhlke, Cataldo and Bergsman, Administrative Trademark Judges. Opinion by Kuhlke, Administrative Trademark Judge: OVERVIEW Petitioners, five Native Americans, have brought this cancellation proceeding pursuant to Section 14 of the Trademark Act of 1946, 15 U.S.C. § 1064(c). They seek to cancel respondent’s registrations issued between 1967 and 1990 for Cancellation No. 92046185 trademarks consisting in whole or in part of the term REDSKINS for professional football-related services on the ground that the registrations were obtained contrary to Section 2(a), 15 U.S.C. § 1052(a), which prohibits registration of marks that may disparage persons or bring them into contempt or disrepute. In its answer, defendant, Pro-Football, Inc., asserted various affirmative defenses including laches.1 As explained below, we decide, based on the evidence properly before us, that these registrations must be cancelled because they were disparaging to Native Americans at the respective times they were registered, in violation of Section 2(a) of the Trademark Act of 1946, 15 U.S.C. -
BROKEN PROMISES: Continuing Federal Funding Shortfall for Native Americans
U.S. COMMISSION ON CIVIL RIGHTS BROKEN PROMISES: Continuing Federal Funding Shortfall for Native Americans BRIEFING REPORT U.S. COMMISSION ON CIVIL RIGHTS Washington, DC 20425 Official Business DECEMBER 2018 Penalty for Private Use $300 Visit us on the Web: www.usccr.gov U.S. COMMISSION ON CIVIL RIGHTS MEMBERS OF THE COMMISSION The U.S. Commission on Civil Rights is an independent, Catherine E. Lhamon, Chairperson bipartisan agency established by Congress in 1957. It is Patricia Timmons-Goodson, Vice Chairperson directed to: Debo P. Adegbile Gail L. Heriot • Investigate complaints alleging that citizens are Peter N. Kirsanow being deprived of their right to vote by reason of their David Kladney race, color, religion, sex, age, disability, or national Karen Narasaki origin, or by reason of fraudulent practices. Michael Yaki • Study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution Mauro Morales, Staff Director because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. • Appraise federal laws and policies with respect to U.S. Commission on Civil Rights discrimination or denial of equal protection of the laws 1331 Pennsylvania Avenue, NW because of race, color, religion, sex, age, disability, or Washington, DC 20425 national origin, or in the administration of justice. (202) 376-8128 voice • Serve as a national clearinghouse for information TTY Relay: 711 in respect to discrimination or denial of equal protection of the laws because of race, color, www.usccr.gov religion, sex, age, disability, or national origin. • Submit reports, findings, and recommendations to the President and Congress. -
The Impact of Pro-Football Inc. V. Harjo on Trademark Protection of Other Marks
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 14 Volume XIV Number 2 Volume XIV Book 2 Article 1 2004 The Impact of Pro-Football Inc. v. Harjo on Trademark Protection of Other Marks Rachel Clark Hughey Merchant & Gould, University of Minnesota Law School Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Rachel Clark Hughey, The Impact of Pro-Football Inc. v. Harjo on Trademark Protection of Other Marks, 14 Fordham Intell. Prop. Media & Ent. L.J. 327 (2004). Available at: https://ir.lawnet.fordham.edu/iplj/vol14/iss2/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Impact of Pro-Football Inc. v. Harjo on Trademark Protection of Other Marks Cover Page Footnote The author would like to thank Professor Joan Howland for her help with earlier versions of this Article and Michael Hughey for his ongoing support. This article is available in Fordham Intellectual Property, Media and Entertainment Law Journal: https://ir.lawnet.fordham.edu/iplj/vol14/iss2/1 1 HUGHEY FORMAT 4/26/2004 12:18 PM ARTICLES The Impact of Pro-Football, Inc. v. Harjo on Trademark Protection of Other Marks Rachel Clark Hughey* INTRODUCTION During the 1991 World Series, featuring the Atlanta Braves, and the 1992 Super Bowl, featuring the Washington Redskins, activists opposing the use of these and other names derived from Native American names protested vehemently.1 That was just the beginning of an intense national debate that continues today.2 Many collegiate and professional teams use mascots, logos, 3 and names derived from Native American names and terms. -
Pro-Football, Inc. V. Blackhorse
Case 1:14-cv-01043-GBL-IDD Document 71 Filed 02/26/15 Page 1 of 45 PageID# 1176 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION PRO-FOOTBALL, INC., Plaintiff, Civil Action No.: 1:14-cv-1043-GBL-IDD v. AMANDA BLACKHORSE, MARCUS BRIGGS-CLOUD, PHILLIP GOVER, JILLIAN PAPPAN and COURTNEY TSOTIGH, Defendants. DEFENDANTS’ MEMORANDUM IN SUPPORT OF THEIR MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS 1, 2, AND 7 Jesse A. Witten (pro hac vice) Jeffrey J. Lopez (VA Bar No. 51058) Adam Scott Kunz (VA Bar No. 84073) Tore T. DeBella (VA Bar No. 82037) Jennifer T. Criss (VA Bar No. 86143) DRINKER BIDDLE & REATH LLP 1500 K Street, N.W., Suite 1100 Washington, D.C. 20005-1209 Telephone: (202) 842-8800 Facsimile: (202) 842-8465 [email protected] [email protected] [email protected] [email protected] [email protected] Counsel for Defendants Amanda Blackhorse, Marcus Briggs-Cloud, Phillip Gover, Jillian Pappan and Courtney Tsotigh Case 1:14-cv-01043-GBL-IDD Document 71 Filed 02/26/15 Page 2 of 45 PageID# 1177 TABLE OF CONTENTS INTRODUCTION........................................................................................................................... 1 PROCEDURAL BACKGROUND ................................................................................................ 3 THE BLACKHORSE RECORD AND SUPPLEMENTATION ................................................. 4 MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE ............................... 5 A. PFI Adopted The Current Team Name In 1933 To Avoid Confusion With The Boston Braves Baseball Team, Not To Honor Native Americans. ................... 5 B. Dictionaries, Reference Works, Other Written Sources, and Native Americans Expressly Recognize the Disparaging Nature Of The Term “Redskin.” ................................................................................................................. 6 1. Dictionaries ...................................................................................... -
Recommendations by 72 Indian Nations and Others for World Conference on Indigenous Peoples
In case you missed it, the joint statement presented to the UN Permanent Forum on Indigenous Issues on May 28 in New York was published to Indian Country Today on Friday, June 14 (http://indiancountrytodaymedianetwork.com/2013/06/14/recommendations-72-indian-nations-and- others-world-conference-indigenous-peoples). A video of the joint statement being read by Chief Darwin Hill is also available on Indianz.com (http://indianz.com/News/2013/010085.asp). As you know, the recommendations proposed by tribal leaders in North America will have reaching and lasting impacts for indigenous peoples worldwide, including those who are still subjected to some of the worst violence by states and with no legal recourse. Please read on after the article about the World Conference for a short statement from Armstrong Wiggins, Director of the Indian Law Resource Center’s Washington, DC office, urging Secretary of State John Kerry to take action to stop the violence against and killings of indigenous peoples in Guatemala (http://indiancountrytodaymedianetwork.com/2013/06/18/indigenous-rights-must-be-top-priority- john-kerry). This was published yesterday in ICT. We hope you’ll join us in speaking out and urging U.S. officials and other States to take steps to end this type of violence. Skennen, Karla E. General, Attorney* | Indian Law Resource Center 601 E Street, SE | Washington, DC 20003 TEL: 202.547.2800 ext. 107 | FAX: 202.547.2803 [email protected] | www.indianlaw.org *Admitted only in NY Recommendations by 72 Indian Nations and Others for World Conference on Indigenous Peoples Darwin Hill June 14, 2013 Statement Of Umbrella Groups National Congress Of American Indians, United South And Eastern Tribes, And California Association Of Tribal Governments, 72 Indigenous Nations and Seven Indigenous Organizations Twelfth Session of the United Nations Permanent Forum on Indigenous Issues (May 28, 2013) Agenda Item: 6. -
T.T.A.B. Suzan Shown Harjo; Raymond D. Apodaca; Vine Deloria
TRADEMARK TRIAL AND APPEAL BOARD DECISIONS 02 APR 1999 Hearing: May 27, 1998 Paper No. 100 CEW U.S. DEPARTMENT OF COMMERCE PATENT AND TRADEMARK OFFICE _______ Trademark Trial and Appeal Board _______ Suzan Shown Harjo; Raymond D. Apodaca; Vine Deloria, Jr.; Norbert S. Hill, Jr.; Mateo Romero; William A. Means; and Manley A. Begay, Jr. v. Pro-Football, Inc. _______ Cancellation No. 21,069 to Registration Nos. 1,606,810; 1,085,092; 987,127; 986,668; 978,824; and 836,122[1] _______ Michael A. Lindsay and Joshua J. Burke of Dorsey & Whitney for petitioners. John Paul Reiner, Robert L. Raskopf, Marc E. Ackerman, Claudia T. Bogdanos and Lindsey F. Goldberg of White & Case for respondent. _______ Before Sams, Cissel and Walters, Administrative Trademark Judges.[2] Opinion by Walters, Administrative Trademark Judge: Table of Contents Introduction The Pleadings Summary of the Record The Parties Preliminary Issues 1997 NCAI Resolution Constitutionality of Section 2(a) of the Trademark Act Indian Trust Doctrine Protective Order Respondent's Motion to Strike Notice of Reliance and Testimony Depositions Respondent's Motion, in its Brief, to Strike Testimony and Exhibits 1. Objections to Testimony and Exhibits in their Entirety 2. Objections to Specified Testimony and Exhibits 3. Objections to Notice of Reliance Exhibits Summary of the Arguments of the Parties Petitioners Respondent The Evidence The Parties' Notices of Reliance Petitioners 1. Summary of Petitioners' Witnesses and Evidence 2. Testimony of the Seven Petitioners 3. Harold Gross 4. Resolutions by Organizations 5. History Expert 6. Social Sciences Experts Respondent 1. Summary of Respondent's Witnesses and Evidence 2. -
Missing the Point: the Real Impact of Native Mascots and Team Names
American University Washington College of Law Digital Commons @ American University Washington College of Law Reports Scholarship & Research 7-2014 Missing the Point: The Real Impact of Native Mascots and Team Names on American Indian and Alaska Native Youth Victoria Phillips American University Washington College of Law, [email protected] Erik Stegman Center for American Progress Follow this and additional works at: http://digitalcommons.wcl.american.edu/fasch_rpt Recommended Citation Stegman, Erik and Phillips, Victoria F., 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. This Article is brought to you for free and open access by the Scholarship & Research at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Reports by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. AP PHOTO/SETH PERLMAN PHOTO/SETH AP Missing the Point The Real Impact of Native Mascots and Team Names on American Indian and Alaska Native Youth By Erik Stegman and Victoria Phillips July 2014 WWW.AMERICANPROGRESS.ORG Missing the Point The Real Impact of Native Mascots and Team Names on American Indian and Alaska Native Youth By Erik Stegman and Victoria Phillips July 2014 Contents 1 Introduction and summary 4 Hostile learning environments 7 The suicide crisis and other challenges facing AI/AN youth 9 The long movement to retire racist mascots and team names 20 Recommendations 23 Conclusion 26 Endnotes Introduction and summary The debate over the racist name and mascot of the professional football team based in the nation’s capital, the “Redskins,” has reached a fever pitch in recent months.1 Fifty U.S. -
Use of Native American Team Names in the Formative Era of American Sports, 1857-1933
BEFORE THE REDSKINS WERE THE REDSKINS: THE USE OF NATIVE AMERICAN TEAM NAMES IN THE FORMATIVE ERA OF AMERICAN SPORTS, 1857-1933 J. GORDON HYLTON* L INTRODUCTION 879 IL CURRENT SENTIMENT 881 III. A BRIEF HISTORY OF NATIVE AMERICAN TEAM NAMES 886 IV. THE FIRST USAGES OF NATIVE AMERICAN TEAM NAMES IN AMERICAN SPORT 890 A. NATIVE AMERICAN TEAM NAMES IN EARLY BASEBALL .... 891 B. NATIVE AMERICAN TEAMS NAMES IN EARLY PROFESSIONAL BASEBALL 894 C. NATIVE AMERICAN TEAM NAMES IN COLLEGE SPORT 900 V. CONCLUSION 901 I. INTRODUCTION The Native American team name and mascot controversy has dismpted the world of American sports for more than six decades. In the 1940s, the National Congress of American Indians (NCAI) began a campaign against a variety of negative and unfiattering stereotypes of Indians in American culture.' Over time, the campaign began to focus on the use of Native American team names—like Indians and Redskins—and mascots by college and professional sports teams.2 The NCAI's basic argument was that the use of such names, mascots, and logos was offensive and *J. Gordon Hylton is Professor of Law at Marquette University and Visiting Professor of Law at the University of Virginia. He is a graduate of Oberlin College and the University of Virginia Law School and holds a PhD in the History of American Civilization from Harvard. From 1997 to 1999, he was Director ofthe National Sports Law Institute and is the current Chair-Elect ofthe Association of American Law Schools Section on Law and Sport. 1. See Our History, NCAI, http://www.ncai.Org/Our-History.14.0.html (last visited Apr. -
Intellectual Property Rights and Native American Tribes Richard A
American Indian Law Review Volume 20 | Number 1 1-1-1995 Intellectual Property Rights and Native American Tribes Richard A. Guest Follow this and additional works at: https://digitalcommons.law.ou.edu/ailr Part of the Indian and Aboriginal Law Commons, and the Intellectual Property Law Commons Recommended Citation Richard A. Guest, Intellectual Property Rights and Native American Tribes, 20 Am. Indian L. Rev. 111 (1995), https://digitalcommons.law.ou.edu/ailr/vol20/iss1/4 This Article is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in American Indian Law Review by an authorized editor of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. INTELLECTUAL PROPERTY RIGHTS AND NATIVE AMERICAN TRIBES Richard A. Guest* [AIll Property is Theft.' Introduction In recent years, several Native American tribes have begun a journey into the unfamiliar terrain of intellectual property rights as a means to assert their self-determination, secure economic independence, and protect their cultural identities. Although "ideas about property have played a central role in shaping the American legal order,"2 in the prevailing legal literature of intellectual property law in the United States, the protection of Native American intellectual property rights is rarely an issue of consideration. Suzan Shown Harjo, in her article, Native Peoples' Cultural and Human Rights: An Unfinished Agenda, writes: "The cultural and intellectual property rights of Native Peoples are worthy of being addressed during this time of increased appropriation of Native national names, religious symbology, and cultural images."3 In contrast, within the realm of international law, the topic of intellectual property is a high priority, uniting the concerns for self-determination and economic independence. -
The War on Poverty, Lawyers, and the Tribal Sovereignty Movement, 1964-1974
‘The Sovereignty that Seemed Lost Forever’: The War on Poverty, Lawyers, and the Tribal Sovereignty Movement, 1964-1974 Aurélie A. Roy Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2017 © 2017 Aurélie A. Roy All rights reserved ‘The Sovereignty that Seemed Lost Forever’1: The War on Poverty, Lawyers, and the Tribal Sovereignty Movement, 1964-1974 Aurélie A. Roy ABSTRACT Relying on interviews of Indian rights lawyers as well as archival research, this collective history excavates a missing page in the history of the modern tribal sovereignty movement. At a time when vocal Native American political protests were raging from Washington State, to Alcatraz Island, to Washington, D.C., a small group of newly graduated lawyers started quietly resurrecting Indian rights through the law. Between 1964 and 1974, these non-Indian and Native American lawyers litigated on behalf of Indians, established legal assistance programs as part of the War on Poverty efforts to provide American citizens with equal access to a better life, and founded institutions to support the protection of tribal rights. In the process, they would also inadvertently create both a profession and an academic field—Indian law as we know it today— which has since attracted an increasing number of lawyers, including Native Americans. This story is an attempt at reconstituting a major dimension of the rise of tribal sovereignty in the postwar era, one that has until now remained in the shadows of history: how Indian rights, considered obsolete until the 1960s, gained legitimacy by seizing a series of opportunities made available in part through ‘accidents’ of history.