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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. -
The Indian Revolutionaries. the American Indian Movement in the 1960S and 1970S
5 7 Radosław Misiarz DOI: 10 .15290/bth .2017 .15 .11 Northeastern Illinois University The Indian Revolutionaries. The American Indian Movement in the 1960s and 1970s The Red Power movement1 that arose in the 1960s and continued to the late 1970s may be perceived as the second wave of modern pan-Indianism 2. It differed in character from the previous phase of the modern pan-Indian crusade3 in terms of massive support, since the movement, in addition to mobilizing numerous groups of urban Native Americans hailing from different tribal backgrounds, brought about the resurgence of Indian ethnic identity and Indian cultural renewal as well .4 Under its umbrella, there emerged many native organizations devoted to address- ing the still unsolved “Indian question ”. The most important among them were the 1 The Red Power movement was part of a broader struggle against racial discrimination, the so- called Civil Rights Movement that began to crystalize in the early 1950s . Although mostly linked to the African-American fight for civil liberties, the Civil Rights Movement also encompassed other racial and ethnic minorities including Native Americans . See F . E . Hoxie, This Indian Country: American Indian Activists and the Place They Made, New York 2012, pp . 363–380 . 2 It should be noted that there is no precise definition of pan-Indianism among scholars . Stephen Cornell, for instance, defines pan-Indianism in terms of cultural awakening, as some kind of new Indian consciousness manifested itself in “a set of symbols and activities, often derived from plains cultures ”. S . Cornell, The Return of the Native: American Indian Political Resurgence, New York 1988, p . -
The Performativity of Indigenous Protest: Vernon Bellecourt and the First Encounters Exhibition
University of Wisconsin Milwaukee UWM Digital Commons Theses and Dissertations April 2020 The Performativity of Indigenous Protest: Vernon Bellecourt and the First Encounters Exhibition Robert Olive Little Jackson University of Wisconsin-Milwaukee Follow this and additional works at: https://dc.uwm.edu/etd Part of the History Commons, Indigenous Studies Commons, and the Theatre and Performance Studies Commons Recommended Citation Little Jackson, Robert Olive, "The Performativity of Indigenous Protest: Vernon Bellecourt and the First Encounters Exhibition" (2020). Theses and Dissertations. 2547. https://dc.uwm.edu/etd/2547 This Thesis is brought to you for free and open access by UWM Digital Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of UWM Digital Commons. For more information, please contact [email protected]. THE PERFORMATIVITY OF INDIGENOUS PROTEST: VERNON BELLECOURT AND THE FIRST ENCOUNTERS EXHIBITION by Robert Olive Little Jackson A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts in Art History at the University of Wisconsin-Milwaukee May 2020 ABSTRACT THE PERFORMATIVITY OF INDIGENOUS PROTEST: VERNON BELLECOURT AND THE FIRST ENCOUNTERS EXHIBITION by Robert Olive Little Jackson The University of Wisconsin-Milwaukee, 2020 Under the Supervision of Professors Jennifer Johung and David Pacifico At the Science Museum in St. Paul, Minnesota, Vernon Bellecourt of the American Indian Movement came to protest the arrival of the First Encounters: Spanish Explorations in the Caribbean and the United States: 1492-1570. To Bellecourt, the false narrative of Indigenous peoples represented the reality of the Columbus narrative that all indigenous peoples suffer from today. -
Outline of United States Federal Indian Law and Policy
Outline of United States federal Indian law and policy The following outline is provided as an overview of and topical guide to United States federal Indian law and policy: Federal Indian policy – establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes. Law and U.S. public policy related to Native Americans have evolved continuously since the founding of the United States. David R. Wrone argues that the failure of the treaty system was because of the inability of an individualistic, democratic society to recognize group rights or the value of an organic, corporatist culture represented by the tribes.[1] U.S. Supreme Court cases List of United States Supreme Court cases involving Indian tribes Citizenship Adoption Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) Adoptive Couple v. Baby Girl, 530 U.S. _ (2013) Tribal Ex parte Joins, 191 U.S. 93 (1903) Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978) Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) South Dakota v. Bourland, 508 U.S. 679 (1993) Civil rights Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) United States v. Wheeler, 435 U.S. 313 (1978) Congressional authority Ex parte Joins, 191 U.S. 93 (1903) White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980) California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987) South Dakota v. Bourland, 508 U.S. 679 (1993) United States v. -
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 ...................................................................................... -
The American Indian Movement, the Trail of Broken Treaties, and the Politics of Media
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Dissertations, Theses, & Student Research, Department of History History, Department of 7-2009 Framing Red Power: The American Indian Movement, the Trail of Broken Treaties, and the Politics of Media Jason A. Heppler Follow this and additional works at: https://digitalcommons.unl.edu/historydiss Part of the History Commons Heppler, Jason A., "Framing Red Power: The American Indian Movement, the Trail of Broken Treaties, and the Politics of Media" (2009). Dissertations, Theses, & Student Research, Department of History. 21. https://digitalcommons.unl.edu/historydiss/21 This Article is brought to you for free and open access by the History, Department of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Dissertations, Theses, & Student Research, Department of History by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. FRAMING RED POWER: THE AMERICAN INDIAN MOVEMENT, THE TRAIL OF BROKEN TREATIES, AND THE POLITICS OF MEDIA By Jason A. Heppler A Thesis Presented to the Faculty The Graduate College at the University of Nebraska In Partial Fulfillment of Requirements For the Degree of Master of Arts Major: History Under the Supervision of Professor John R. Wunder Lincoln, Nebraska July 2009 2 FRAMING RED POWER: THE AMERICAN INDIAN MOVEMENT, THE TRAIL OF BROKEN TREATIES, AND THE POLITICS OF MEDIA Jason A. Heppler, M.A. University of Nebraska, 2009 Adviser: John R. Wunder This study explores the relationship between the American Indian Movement (AIM), national newspaper and television media, and the Trail of Broken Treaties caravan in November 1972 and the way media framed, or interpreted, AIM's motivations and objectives. -
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. -
Should Sports Teams Use Native American Names and Mascots?
Should Sports Teams Use Native American Names and Mascots? Against the Use of Mascots… Team mascots are racist In response to previous letters about American Indians being mascots for sports teams, the writer of “Mascots don’t belittle Indians” (letter, Jan. 9) stated that the fans [don’t think lowly of American Indians because of] an American Indian mascot. By definition, racism is discriminatory or abusive behavior toward members of another race. While the fans of these sports teams feel it is fine to have an Atlanta Brave or a Washington Redskin, it is abusive behavior toward members of American Indian tribes. “The Washington (blank)s” — in the blank space insert any race, and you will come up with a team mascot that would not be tolerated in today’s society. These team mascots need to be retired and we as Americans need to see that if we are to have freedom from oppression, then we need to start with our own homeland. Dante Halleck Kuwait **Above clips found at: http://www.stripes.com/article.asp?section=125&article=59841&archive=true Topic of Debate: Should Sports Teams Use Native American Names and Mascots? In Favor of Mascots… Names prideful, not racist In response to the letter “Team mascots are racist” (letter, Jan. 17): Team mascot names are not racist. The writer correctly gave the definition of racism, and no team mascot comes remotely close to meeting that definition. Teams, whether they be high school, college or professional, choose mascot names that demonstrate strength and power. Cleveland Indians, Florida State Seminoles, Atlanta Braves, Washington Redskins … none of these display discriminatory or abusive behavior toward members of another race, or more specifically, toward American Indian tribes. -
Engagement Toolkit: Investors Demand Washington Team #Changethename
Engagement Toolkit: Investors Demand Washington Team #ChangeTheName Investors representing more than $620 billion in assets have called for NIKE, PepsiCo and FedEx to terminate business with the NFL’s Washington D.C. franchise if it does not stop using the racial slur “Redskins” as its name. Individual letters: NIKE • PepsiCo • FedEx An initiative of the Investors and Indigenous Peoples Workgroup (IIPWG), the inviting group is led by First Peoples Worldwide, Oneida Trust, Trillium Asset Management, Boston Trust Walden, Boston Common Asset Management, First Affirmative Financial Network, and Mercy Investments, which have been engaging companies for years seeking an end to the use of the racist name and logo. We invite everyone to please share news of this initiative widely. Suggested content and engagement tools: SAMPLE TWEETS / TALKING POINTS ● With the #BlackLivesMatter movement bringing to focus centuries of systemic racism, there is a fresh outpouring of opposition to the @nfl team name @Redskins – a racist, dehumanizing word with hateful connotations. Sponsors @Nike, @PepsiCo & @FedEx must call to #ChangeTheName. ● Sponsors @Nike, @PepsiCo & @FedEx can meet the magnitude of this moment and make opposition to the @nfl @Redskins team name clear, and take tangible and meaningful steps to exert pressure on the team to cease using its racist name. #ChangeTheName #TheTimeIsNow ● Racist team names like @Redskins are not just words – they are symbols that loudly and clearly signal disrespect to Native Americans. @nfl -
The Use of Native American Team Names in the Formative Era of American Sports, 1857-1933
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by UND Scholarly Commons (University of North Dakota) North Dakota Law Review Volume 86 Number 4 Article 7 1-1-2010 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 Follow this and additional works at: https://commons.und.edu/ndlr Part of the Law Commons Recommended Citation Hylton, J. Gordon (2010) "Before the Redskins Were the Redskins: The Use of Native American Team Names in the Formative Era of American Sports, 1857-1933," North Dakota Law Review: Vol. 86 : No. 4 , Article 7. Available at: https://commons.und.edu/ndlr/vol86/iss4/7 This Article is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact [email protected]. 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* I. INTRODUCTION ...................................................................... 879 II. 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 .......................................................................... -
Download Press
PRESS KIT THE CIESLA FOUNDATION PRESENTS IMAGINING THE INDIAN THE FIGHT AGAINST NATIVE AMERICAN MASCOTING www.imaginingtheindianfilm.org FROM THE DIRECTOR OF The Spy Behind Home Plate, Rosenwald and The Life and Times of Hank Greenberg National / New York To schedule an interview for a sports publication: Adam J. Segal of The 2050 Group – Publicity: 212.642.4317 Fred Sternburg at Sternburg Communications: 303.548-0707, [email protected] [email protected] Outreach and Booking the To schedule an interview for Work-in-Progress: an entertainment publication: The Ciesla Foundation Ziggy Kozlowski at Block-Korenbrot Public Relations, (323) 634-7001, [email protected] [email protected] IMAGINING THE INDIAN PRESS KIT 2 LONG SYNOPSIS Log Line Imagining the Indian: The Fight Against Native the genocidal history of Native peoples on this American Mascoting is a feature-length doc- continent, and its role in proliferating negative Imagining the Indian examines the ongoing umentary film that examines the movement stereotyping in sports, movies and televi- movement surrounding the use of Native to eliminate the use of Native American slurs, sion. American names, logos, and mascots in the names, logos, images and gestures that many world of sports and beyond. A range of opinions are explored among Na- Native Americans and their allies find demean- tives and non-Natives, including the staunch ing and offensive. and steadfast opposition exhibited by Harjo The film investigates the impact that carica- and her contemporaries in advocacy