Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA727179 Filing date: 02/16/2016 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Petition for Cancellation

Notice is hereby given that the following party requests to cancel indicated registration. Petitioner Information

Name People Not Mascots, Inc.: Entity Corporation Citizenship U.S.A. Address P.O. Box 361 Oberlin, OH 44074 UNITED STATES

Attorney informa- Lisa Mach tion Mach Legal & Consulting Services, LLC 8639 Usher Rd. Olmsted Township, OH 44138 UNITED STATES [email protected], [email protected], [email protected], [email protected], [email protected], [email protected] Phone:440-793-5220 Registration Subject to Cancellation

Registration No 2569766 Registration date 05/14/2002 Registrant Indians Baseball Company Limited Partnership 2401 Ontario Street Cleveland, OH 44115 UNITED STATES Goods/Services Subject to Cancellation

Class 016. First Use: 1951/04/00 First Use In Commerce: 1951/04/00 All goods and services in the class are cancelled, namely: PAPER GOODS AND PRINTED MAT- TER, NAMELY,TRADING CARDS, PLAYING CARDS, POSTERS, STICKERS, DECALS, TEMPOR- ARY TATTOOS, BUMPER STICKERS, SCOREBOOKS, SCORECARDS, PRINTED BASEBALL GAME PROGRAMS, MAGAZINES AND BOOKS FEATURING BASEBALL, NOTE PAPER, STA- TIONERY FOLDERS, [ PREPRINTED AGENDA ORGANIZERS, AUTOGRAPH BOOKS, ] [ BOOK COVERS, ] CALENDARS, GREETING CARDS, BANK CHECKS, [ CREDIT CARDS NOT ELEC- TRONICALLY READABLE, ] GIFT WRAPPING PAPER, PAPER GIFT AND PARTY BAGS, PAPER PARTY GOODS, [ PAPER COASTERS, ] PAPER NAPKINS, [ PAPER TABLECLOTHS, ] LITHO- GRAPHS, PAPERWEIGHTS, LETTER OPENERS, PENS, PENCILS, DESK STANDS AND HOLD- ER FOR PENS, PENCILS AND INK, NON-ELECTRIC ERASERS, [ AND UNGRADUATED RULERS ] Grounds for Cancellation

Immoral or scandalous matter Trademark Act section 2(a) Disparaging Trademark Act section 2(a) Attachments Petition for Cancellation of .pdf(69432 bytes ) ATTACHMENT A.pdf(29192 bytes ) ATTACHMENT B.pdf(30821 bytes ) ATTACHMENT C.pdf(949112 bytes ) ATTACHMENT D.pdf(369392 bytes ) ATTACHMENT E.pdf(238273 bytes ) ATTACHMENT F.pdf(64041 bytes ) 1 Anthony Meness.pdf(188445 bytes ) 2 Shyanne Meness.pdf(192474 bytes ) 3 Feather Shendo.pdf(207180 bytes ) 4 .pdf(249051 bytes ) 5 Sundance.pdf(134233 bytes ) 6 Jeannine Withrow.pdf(189074 bytes ) 7 Rose Roubideaux.pdf(203851 bytes ) 8 Clifford A. Tahsler.pdf(197081 bytes ) 9 Wenonah Gregg.pdf(200631 bytes ) 10 Raymond Moody.pdf(204751 bytes ) 11 Derek J. Withrow.pdf(184512 bytes ) 12 Paul Withrow.pdf(174607 bytes ) 13 O.T. Williams.pdf(146484 bytes )

Certificate of Service

The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address record by First Class Mail on this date.

Signature /Lisa Mach/ Name Lisa Mach Date 02/16/2016 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In re Registration No. 2569766 (“Chief Wahoo” image) Registration Date: May 14, 2002; first renewal April 23, 2012

People Not Mascots, Inc.: ) Anthony Meness, ) Shyanne Meness, ) Feather Shendo, ) Robert Roche, ) Sundance, ) Jeannine Withrow, ) Rose Roubideaux, ) Clifford A.Tahsler, ) Wenonah Gregg, ) Raymond Moody, ) Derek Withrow, ) Paul Withrow, ) O.T. Williams ) ) Petitioners, ) Cancellation No. ______) v. ) ) Baseball Company LP, ) Cleveland Indians Baseball Company, Inc. ) ) Registrants. ) )

PETITION FOR CANCELLATION

Petitioners, PEOPLE NOT MASCOTS, INC., an corporation for non-profit,

created to educate residents in Ohio about how is perpetrated in symbols, mascots and

icons associated with athletic and sports teams and to advocate against such racism, and

comprising of the following, its constituents: ANTHONY MENESS, an associate of the

American Indian Education Center (AIEC), a social welfare and educational organization that

promotes cultural competency, awareness and traditions, as well as providing services and aid to

the Native American population, the multiple high school sports teams in his district, the Board

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Treasurer of People Not Mascots, and an enrolled member of the Kitigan_Zibi Nation, a federally recognized Canadian Native American tribe, an American citizen and an Ohio resident;

SHYANNE MENESS, an associate of the Army National Guard, the American Indian

Education Center (AIEC), a social welfare and educational organization that promotes cultural

competency, awareness and traditions, as well as providing services and aid to the Native

American population, an enrolled member of the Kitigan_Zibi Nation, a federally recognized

Canadian Native American tribe, American citizen and an Ohio resident; FEATHER SHENDO,

an associate of the American Indian Education Center (AIEC), a social welfare and educational

organization that promotes cultural competency, awareness and traditions, as well as providing

services and aid to the Native American population, an enrolled member of the Winnebago (Ho

Chunk) Indian Nation, a federally recognized Native American tribe, and an Ohio resident;

ROBERT ROCHE, the Executive Director of the American Indian Education Center (AIEC), a

social welfare and educational organization that promotes cultural competency, awareness and

traditions, as well as providing services and aid to the Native American population, Board

President of People Not Mascots, current member of the and former

Chair of the Cleveland American Indian Movement Autonomous (AIM), a Native American

civil rights organization, Indian Child Welfare Act (ICWA) representative, keynote speaker and

college lecturer, on-going opponent of the use of the name Cleveland Indians and Chief Wahoo

logo by the Cleveland team, a Chiricahua Apache Indian and resident of

Ohio; SUNDANCE, the Executive Director of Cleveland American Indian Movement and

People Not Mascots, civil rights activist, a Muskogee Indian and an Ohio resident; JEANNINE

WITHROW, an associate of the American Indian Education Center (AIEC), a social welfare

and educational organization that promotes cultural competency, awareness and traditions, as

2 well as providing services and aid to the Native American population, Board Secretary of People

Not Mascots, an enrolled member of the Kitigan_Zibi Nation, a federally recognized Canadian

Native American tribe, an American citizen and an Ohio resident; ROSE ROUBIDEAUX, a

Sicangu Lakota and enrolled member of the Rosebud Sioux Nation, a federally recognized

Native American tribe, an active member of her church, a former resident of Cleveland, Ohio for

36 years, and a North Dakota resident; CLIFFORD A. TAHSLER, an associate of the

American Indian Education Center (AIEC), a social welfare and educational organization that

promotes cultural competency, awareness and traditions, as well as providing services and aid to

the Native American population, a former State of Ohio Security Officer, a Blackfoot and

Cherokee Indian and an Ohio resident; WENONAH GREGG, an associate of the American

Indian Education Center (AIEC), a social welfare and educational organization that promotes

cultural competency, awareness and traditions, as well as providing services and aid to the

Native American population, an Algonquin and Apache Indian, an enrolled member of the

Kitigan_Zibi Nation, a federally recognized Canadian Native American tribe, a small business

owner, an American citizen and an Ohio resident; RAYMOND MOODY, the Board Treasurer

of the American Indian Education Center (AIEC), a social welfare and educational organization

that promotes cultural competency, awareness and traditions, as well as providing services and

aid to the Native American population, a retired United States Marine and police officer, a

Mohawk and Cherokee Indian and an Ohio resident; DEREK WITHROW, an associate of the

American Indian Education Center (AIEC), a social welfare and educational organization that

promotes cultural competency, awareness and traditions, as well as providing services and aid to

the Native American population, an enrolled member of the Kitigan_Zibi Nation, a federally

recognized Canadian Native American tribe, an American citizen and an Ohio resident; PAUL

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WITHROW, an associate of the American Indian Education Center (AIEC), a social welfare

and educational organization that promotes cultural competency, awareness and traditions, as

well as providing services and aid to the Native American population, an enrolled member of the

Kitigan_Zibi Nation, a federally recognized Canadian Native American tribe, an American

citizen and an Ohio resident; O.T. WILLIAMS, the Board President of the American Indian

Education Center (AIEC), a social welfare and educational organization that promotes cultural

competency, awareness and traditions, as well as providing services and aid to the Native

American population, a retired law enforcement officer, a Cherokee Indian and an Ohio resident,

(collectively hereinafter, “Petitioners”), in their capacity as Native American Persons, and those

that are enrolled members of federally recognized Native American tribes, believe that they have

been, are, and/or will be damaged by U.S. Registration No. 2569766, registered in the name of

Cleveland Indians Baseball Company Limited Partnership Cleveland Indians Baseball Company,

Inc. (hereinafter “Registrants”), an Ohio limited partnership and Ohio corporation, having a

place of business at 2401 Ontario Street, Cleveland, Ohio 44115, and hereby petition to cancel

said registration(s), pursuant to Section 14 of the Trademark Act of 1946, 15 U.S.C. § 1064(c).

In 1999, the Trademark Trial and Appeal Board (the “Board”) ruled on a similar Petition

to Cancel the Registrations brought by a different group of Native American petitioners. In

Harjo v. Pro-Football, Inc., 50 U.S.P.Q.2d 1705 (T.T.A.B. 1999), the Board cancelled the

registrations after it examined the record, including extensive evidence concerning the history of

use and perception of the word “(s),” and concluded that the term “Redskin(s)” was

disparaging. The Harjo case has been appealed and remanded to the District Court. Due to the

rulings associated with the Harjo case, a separate group of petitioners, Blackhorse v. Pro-

Football, Inc., 111 U.S.P.Q.2d 1080 (T.T.A.B. 2014), brought a similar claim to the Board for

4 cancellation of trademark protections for the term “Redskin(s),” resulting in the cancellation of the ’ trademark registrations. This Petition for Cancellation borrows from, and is similar to the previously mentioned petitions, as it prays for cancellation of trademark registrations which use the Native American people as a basis of pecuniary gain for Professional Sports teams

(here, Registrants), despite the Registrants having actual knowledge of the sentiment and negative impact on Native Americans. This Petition for Cancellation is distinguished from the prior cases as the Registrants and Petitioners are different, and the mark is the Cleveland Indians

Baseball team’s logo, Chief Wahoo. Three of the Petitioners have recently reached the age of majority. One of the Petitioners is an elder who has been active and vocal in his attempts to have

Chief Wahoo put to rest by the Registrants; for decades, he had attempted to appeal to the

Registrants’ moral and ethical sense, to no avail, and has found little other recourse than to now

participate in this Petition for Cancellation.

The Trademark Trial and Appeal Board (TTAB) has already cancelled the Redskins

registrations due to their violation of the Trademark Act. The logo, Chief Wahoo, is the

caricature of an Indian, incorporating a completely red skin tone. This is the non-verbal

communication of the racial slur, “redskins,” which the TTAB has ruled to lack federal

trademark protection. For this and other reasons, no federal trademark protection should exist for

the logo Chief Wahoo.

We are also opposed to the Cleveland baseball team’s use of the name “Indians” because

it is used in a disparaging and derogatory manner. Protests have occurred against the name and

logo for decades—the team has ignored the moral and ethical appeal for change continuously,

and has established that those appeals don’t work. The Cleveland team has full knowledge that

Native Americans and others find such use offensive, disrespectful and harmful. While the term

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“Indians” on its face is not racist or harmful, the context in which it is used is. For instance, if a

Black person approaches another Black person and accuses that person of acting “White,” that is an insult; similarly, if a Native American approaches another Native American and calls that person an “Apple,” (red on the outside, white on the inside) it is derogatory. Likewise, the act of describing a person as “Black,” by altering one’s voice to a hoarse whisper is not a positive comment. Contrast this to someone stating, “His dad is White,” where the racial and cultural classification is neutral. Here, the Cleveland team has harassed, even bullied, Native and

Progressive Americans for years, despite being expressly notified that the name and logo are offensive and inflict harm upon those who are stereotyped.

The Chief Wahoo logo must be entirely retired. It is an outdated, racist and offensive symbol of ignorance and intolerance. Several civil rights and social justice organizations, such as the NAACP and the Anti-Defamation League, and several religious entities, such as the

Presbyterian Church (U.S.A.) and the United Methodist Church, many scientific and professional associations, as well as multiple elected officials (including President Barack Obama) have proclaimed their opposition to the use of Native American imagery and stereotypes in commercial industry—specifically sports. (see Attachment F). Recently, Pope Francis has declared his opposition to the exploitation of Native populations. Media reports are even

becoming more sympathetic to the view of critics of Native mascotry; a stark contrast to how the media had historically maligned many leaders of the Cleveland American Indian Movement and

other outspoken critics of this social injustice. Recently, the Adidas Corporation announced its

initiative to help eradicate Native American mascots in high schools. Many scientific studies

have proven that the use of Native American imagery (stereotypes, mascots, names…) cause

harm to not only Native Americans, but other racial minorities (such as Asian Americans) as

6 well. Other studies indicate that the use of Native American stereotypes/images have a negative financial impact on the corporate entity promoting them. Many companies have altered or retired their logos in response to public outcry—for example, the Aunt Jemima image was modernized due to mixed reviews by consumers who felt that the older images portrayed Black Americans in a negative light based upon a racist society, as opposed to those who felt a comfortable familial relationship with the realistic image of a woman wearing historically accurate attire. Chief

Wahoo is distinguished from the more recent images of Aunt Jemima on multiple levels. Chief

Wahoo is a caricature (defined as a mockery) based on a stereotype, very similar to Nazi propaganda images against Jews during World War II (WWII). World War II also allowed for other similar racist images, such as “Tokyo Kid” and other anti-Japanese caricatures that ultimately led to the imprisonment and death of thousands of Japanese Americans (citizens), and the complete loss of their property and social status during internment. All of these obscene images were created during the same oppressive era of Jim Crow and racial segregation, intolerance, and violence. (see Attachment D).

The racism that has been instilled in the general population regarding the use of Native

American images/mascotry is so insidious that many are oblivious to the harm it causes and perpetuates. An analogy can be made to the horrific crime of rape. Consider a couple on a date; the perpetrator then proceeds to rape his victim, despite her pleas for him to stop. He informs his victim that he honors women, that he is just having a good time, that she should stop complaining and that she should enjoy the way he honors her. His justification will not preclude him from punishment. How is it that if the names of the parties are changed, where the woman is now the Native American people and the perpetrator is now those who support Chief Wahoo, and all the comments are the same, that the action’s justification somehow becomes reasonable

7 and escapes consequences? How is this pro-Chief Wahoo ideology deserving of federal protection when history shows the brutality of racism and stereotypes upon the Native American people? How is it that the U.S. government has policies and laws that prohibit racism and discrimination, yet enables racism—for profit—when it concerns Native Americans? There is no

reconciliation in this situation, and the government should remove any and all protections for the

Chief Wahoo and Cleveland Indians registered marks.

Not only does the Chief Wahoo logo disparage an entire race of people and promote the

perpetuation of negative stereotypes against them, the logo is relentless in its attack on Native

culture. Chief Wahoo is a blasphemous symbol of contempt toward Native American spirituality and religion. Eagles are the messengers to the Creator; the feather represents the eagle and its sacred status. The only feathers that are painted red are eagle feathers; these are given to warriors who have shed their blood in battle, in honor of their bravery and sacrifice. Interestingly, U.S.

Department of Defense records indicate Native Americans comprise the highest per-capita military service of any ethnic group defending the United States. The beating of the drum is the vehicle used to carry prayers to the Creator, comparable to the use of votive light prayer candles used by Roman Catholics. This exploitation, the feather on Chief Wahoo, the costumes worn by fans, and the inappropriate drumming by a team-honored fan is sacrilege; it has no place in sports nor does it deserve federal trademark protection. (see Attachment E). Such irreverence has led many to believe that there is a curse upon the city of Cleveland and that the failure of

Cleveland sports teams to win any national championship is directly attributable to the perpetuation of the baseball team name and logo.

Such disrespect and ignorance promoted by the Cleveland team carries over to the public in terms of institutionalized racism. Fans are hostile to peaceful protestors—shouting racist and

8 false and derogatory statements; some even become violent. Evidence that this name and logo promote a racially intolerant environment and culture and subsequent threat to public safety and order is shown by the presence of the “Peacekeepers,” a volunteer group offered to the protestors and provided by the City of Cleveland Community Relations Board (CRB), who act as a buffer to prevent or diffuse any potentially violent situations from the fans. The mission statement of the Community Relations Board is “to promote amicable relations among the racial and cultural groups within the community”; the Peacekeepers unit of the CRB appears to have been mobilized for three general types of events: 1. the Ku Klux Klan rally and march in Cleveland, 2. the acquittal of officer Michael Brelo, and 3. the annual Cleveland Indians Home Opener protests.

The use of Native American stereotypes contributes to the misunderstanding and cultural incompetence of many who are not familiar with Native American Indians. These individuals express incorrect assumptions and conclusions about the Native American experience, history and culture. The result is the failure of individuals to actually listen, without judgment, to the expression of Native American experiences and thoughts on this issue; in some instances, violence and police involvement have occurred. Furthermore, these individuals exhibit confusion as to what Native American Indians look like—who Native Americans are, based upon their phenotypes. There are multiple instances where Non-Indians fail to recognize Native Americans as Indian, based on pre-conceived notions of what they think Native Americans should look like.

(see Attachment C). This has happened more than once at the Cleveland Home Opener protests.

It appears that the Chief Wahoo registrations create a likelihood of confusion for the public regarding these registered trademarks and the actual Native American people (see Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d)).

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Petitioners allege that registrants have infringed on their intellectual property (IP) rights.

Ownership of their name, as a people, images, spiritual/religious traditions and traditional knowledge and cultural expressions were impermissibly commandeered and misappropriated by registrants. The U.S. Patent and Trademark Office recognizes that Native American IP rights need protection, and created the Database of Official Insignia of Native American Tribes.

International law and policy exists to protect indigenous peoples and their traditional IP rights.

These protections are manifested in various international documents and agreements, such as the

World Intellectual Property Organization (WIPO) Intergovernmental Committee (IGC), and the

United Nations Declaration on the Rights of Indigenous Peoples (61st Session, General

Assembly, Sept. 13, 2007; adopted by the United States Dec. 16, 2010).

No other modern group has been disparaged by a commercial organization with the same vehemence as Native Americans are by the Major League Cleveland baseball team. Not only has

the team been notified of the negative connotation associated with the name and logo by

individuals, but they have been contacted by the Penobscot Nation via a resolution signed by

Chief Dana in 2000. The team has insisted on telling Natives, informally, that they should feel

honored by the grotesque image and perverted use of Native culture, symbols and name.

Incidentally, the team has never responded to the Penobscot Nation, of whom

was a member. For the issue, the commercial promotion of racist, ignorant, vicious stereotypes,

to have been in controversy for so long is shameful, and harms not only Native Americans, but

ultimately Cleveland and the citizens of the United States.

We acknowledge that through this Petition and the TTAB, there is no monetary recovery

for a trademark cancellation. It is our view, however, that significant money is owed Native

American Indians for the use of this Chief Wahoo symbol (in its many forms and precursors) and

10 inappropriate use of their commandeered name, culture and identity. We believe, based on the profit and earnings from this use, over a duration of approximately 100 years of racism, discrimination and cultural perversion that the Cleveland Major League Baseball team

(Respondents) owes this group at least nine billion dollars ($9 billion USD). The logo, Chief

Wahoo, is a disparagement of ALL Native American Indians; if such a symbol was actually an

“honor,” it would be expected to be held in reverence in respectable museums, such as the

National Museum of the American Indian, which it is not; it was, however, featured in the Ohio

History Center’s 2012 exhibit, “Controversy 2: Pieces We Don’t Talk About.” (see

Attachments A and B).

The grounds for cancellation are as follows:

1. The logo “Chief Wahoo” is the identified registered mark held by Registrant(s). The logo is a crude caricature of a proud and abused race of people that was and is a pejorative, derogatory, denigrating, offensive, scandalous, contemptuous, disreputable, disparaging, and racist designation of Native American people. The mark identified in U.S. Registration No.

2569766 and Registrant’s use of it offends Petitioners, and other Native Americans, causing them to be damaged by the continued registration of the mark.

2. Registrants’ above-identified federally registered mark (2569766) consists of or comprises matter that disparages Native American persons, and brings them into contempt, ridicule, and disrepute, in violation of Section 2(a) of the Trademark Act of 1946 (aka Lanham

Act), 15 U.S.C. §1052(a).

3. The registered trademark of the logo “Chief Wahoo” and use of the name Cleveland

Indians for pecuniary gain by non-Native American Indians, is offensive on its face, and violates the doctrine of Res Ipsa Loquitur.

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WHEREFORE, Petitioners believe that they have been, are, and/or will be damaged by said registration and pray that it be cancelled.

A payment has been made in the amount of $300.00 covering the government filing fee for this Petition.

Respectfully submitted,

Date: Feb. 16, 2016 By: ___/Lisa Mach/_Lisa Mach_____

Lisa Mach, Attorney at Law (0084218) Joseph Patrick Meissner, Attorney at Law (0022366) Robert Begin, Attorney at Law James Levin, Attorney at Law Terry Gilbert, Attorney at Law Tim Russo, Legal Assistant

Mach Legal & Consulting Services, LLC 8639 Usher Rd. Olmsted Township, OH 44138 (440)793-5220 [email protected]

Attorneys for Petitioners.

CERTIFICATE OF SERVICE

I hereby certify that a true and complete copy of the foregoing petition for cancellation has been served on the Cleveland Indians Baseball Company Limited Partnership and the Cleve- land Indians Baseball Company, Inc. by mailing said copy on February 16, 2016, via First Class

Mail and Certified Mail to: 2401 Ontario St., Cleveland, Ohio 44115. Copies were also served on the registrants’ agent, Joseph R. Znidarsic at 100 7th Ave. Ste 150, Chardon, Ohio 44024 and on the registrants’ attorney of record, Mary L. Kevlin, Cowan, Liebowitz & Latman, P.C. at 1133

Avenue of the Americas, New York, NY 10036-6710.

____/Lisa Mach/_____

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Lisa Mach Mach Legal & Consulting Services, LLC 8639 Usher Rd. Olmsted Township, OH 44138 (440)793-5220 [email protected]

One of the Attorneys for Petitioners

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ATTACHMENT A

People Not Mascots acknowledges there are those who believe and claim that “Chief Wahoo”

and the use of the name “Indians” is meant to honor Native American Indians and their

organizations as well as history and cultures. We declare that such a belief, even if based on

good faith misunderstandings, is false and erroneous. Perhaps if the Cleveland Indian Baseball

team had sponsored appropriate remembrances over the decades and artistic and learned works or presented art and other objects at the Baseball Stadium that celebrated Native American

Indians, their leaders such as Awashonks, Chief Joseph, Sitting Bull, Crazy Horse, Red Cloud,

Lozen, Tecumseh and his brother the Prophet, Nancy Ward (“Beloved Woman”), Betty Mae

Jumper, Dennis Banks, Russel Means, Wilma Mankiller, and other leaders including spiritual, and their history and culture, that might qualify as an attempt to honor Native American Indians and their culture. Perhaps if the Cleveland Indians Baseball Team had established a comprehensive museum dedicated to Native American Indians and their history and culture, whose employees were Native American Indians, then that might begin to honor Native

American Indian nations and their peoples. But the Cleveland Indians Baseball team has refused even to discuss such efforts which demonstrate their bad faith and even their goal of simply exploiting Native American Indian symbolism, names, and spirituality for their own selfish profit and greed. This unfortunate reality is further shown by the failure of the Cleveland Indians

Baseball team to even respond to the Penobscot Indian Nation (the tribe of Louis Sockalexis, the individual the baseball team claims to have “honored” by taking on the name “Indians”) when they sent an official Resolution (number 10-03-00-16) to the organization in 2000; a second copy of this Resolution was personally handed to the Vice President of Public Affairs in August, 2003.

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The Penobscot Nation has yet to receive a response to their Resolution to eliminate “Chief

Wahoo” and racist images of Indians.

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ATTACHMENT B

We of course are well aware that this petition challenging the trademark of Chief Wahoo cannot directly result in any award of damages and funds, however exploitative the use of these symbols has been and however much money the Baseball Team, its owners, and others have made who have conducted this exploitation over the many past decades since the Cleveland Indian Baseball first began to use the Chief Wahoo symbolism and eventually trademarked it. In our view, this exploitation has amounted to a sum of at least Nine Billion dollars, or more. The People Not

Mascots organization is seeking for this sum of Nine Billion dollars or more in compensation for the insulting and disparaging use of Native American Indian symbolisms, the misappropriation of Native American Indian culture and identity, and the misuse of such a trademark as the racist

Chief Wahoo. It is the view of People Not Mascots that this Nine Billion dollars is owed to every and all Native American Indian Tribal nations, including those Federal recognized, those

State recognized, and others which are entitled to receive such Native American recognition, residing within the continental United States. Thus this Nine Billion dollars or more is to be divided among all these entities, to a sum of at least Five to Ten Million Dollars per nation, and proportionally divided among the other eligible recipients. A special objective and representative organization is to be established which will distribute, oversee, and monitor the expenditures of moneys so these are used for the benefit of Native American Indians. (If any Native American

Indian entity, tribal nation, or other eligible entity/group does not want to receive such funds, then its share of funds will be used to promote Native American Indian education and insure that every Native American Indian child, youth and student shall have adequate opportunities for comprehensive and full education.) Finally, all remaining funds from this Nine Billion dollars or more will be preserved and distributed through the representative organization discussed above.

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Any funds will be distributed to include payment of all expenses and legal fees which may be incurred.

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ATTACHMENT C NATIVE AMERICAN IDENTITY

ATTACHMENT D RACISM

ATTACHMENT E RELIGION/SPIRITUALITY

ATTACHMENT F LEADERS/GOVERNMENTAL REPRESENTATION

POPE FRANCIS

To Archbishop Ruben Salazar Gomez, Bogota, Columbia: “…pastors and faithful may experience a growing desire to protect the dignity and rights of Indigenous peoples….”

“May no one for any reason manipulate indigenous peoples, and may they not be attracted by harmful ideologies.”

Laudato Si’ (May 24, 2015): “…it is essential to show special care for indigenous communities and their cultural traditions.” (¶ 146.)

Oct. 19, 2015 (New York) Statement by H.E. Archbishop Bernardito Auza, Apostilic Nuncio and Permanent Observer of the Holy See to the UN, Third Committee of the 70th Session of the General Assembly Agenda Item 69: Rights of Indigenous Peoples: “…it is essential not only to increase efforts to promote and protect the human rights, identity, culture and tradition of Indigenous Peoples in the Agenda’s implementation, but also to take into account the traditional wisdom and experience of the Indigenous Peoples as reference points in identifying approaches to preserve and foster their wellbeing and collective interests.”

(Oct. 20, 2015) Archbishop Auza, Vatican Radio: “…the Holy See suggests that agreed post-2015 outcome documents must also pay due attention to the situation of Indigenous Peoples, and all eventual initiatives concerning them should be inspired and guided by the principle of respect for their identity and cultures, including specific traditions, religious beliefs, and ability to decide their own development in cooperation with their respective national governments and the relevant international bodies.”

BARACK OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA

(thehill.com (Nov. 05, 2015) White House Tribal Nations Conference; article by Jordan Fabian): “Names and mascots of sports teams like the Washington Redskins perpetuate negative stereotypes of Native Americans.”

“I don’t know whether our attachment to a particular name should override the real legitimate concerns that people have about these things [the use of Native American images and mascotry in sports].”

(whitehouse.gov (Dec. 03, 2014) Remarks by the President to the Tribal Nations Conference): “The United States shares a sacred bond with our Native nations. We have a sacred responsibility to all our young people, including native youth.”

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(2015 Transcript Tribal Nations Conference. Remarks by the President at the Tribal Nations Conference (Nov. 05, 2015). The Critical Post-Chicago, Indianz.com/news/2015/019451?): “So we have to preserve those bonds, break stereotypes. I believe that includes our sports teams— because we all need to do more to make sure—we need to make sure that our young people feel supported and respected.”

WILLIAM “BILL” CLINTON, 42ND PRESIDENT OF THE UNITED STATES Nytimes.com, Clinton’s Doubleheader: Two Cities, Two Sports, Douglas Jehl (April 5, 1994): “Even if it was just a ball game, Mr. Clinton took pains to remain politically correct. For his stride to the mound this afternoon, he chose a home-team cap and jacket of a style seldom seen after the Indians reinstituted a logo in the 1970’s featuring Chief Wahoo, the grinning, befeathered caricature that has offended American Indians ever since.”

“That made Mr. Clinton the only one on the field adorned in the old-fashioned block C, a step that a White House aide said he had taken “in recognition of the sensitivities” aggravated by a team that still calls itself the Tribe.”

124th MAINE LEGISLATURE, First Regular Session, H.P. 1045, LR 2003, item 1

Joint Resolution Memorializing Certain National Private Entities to Honor Maine Baseball Great Louis Sockalexis and to Afford Appropriate Respect to native American Atheletes. “…Resolved: that We, your Memorialists, respectfully urge and request that the Cleveland Indians baseball team immediately drop the use of the mascot “Chief Wahoo,” which would demonstrate the team understands the disrespect this symbol represents to the Penobscot Nation, the citizens of Maine and the legacy of Louis Sockalexis…”

PENOBSCOT INDIAN NATION

Resolution of the Penobscot Indian Nation, Cleveland Indians Team Mascot, Resolution Number 10-03-00-16. “Whereas, the Penobscot Nation finds the red-faced, American Indian cartoon/mascot “Chief Wahoo,” to be an offensive, degrading and racist stereotype that firmly places Indian people in the past, separate from our contemporary cultural experience…”

“Whereas, Louis Sockalexis was a handsome, talented and proud Penobscot Indian who is neither being recognized nor honored by the cartoon/mascot “Chief Wahoo.” This caricature is degrading to his memory and to Native People everywhere…”

“Therefore, Be It Resolved: that the Penobscot Indian Nation calls upon the Cleveland Indians Baseball organization to…advocate for the elimination of racist images of Indians…”

“Be It Further Resolved: that the Penobscot Nation vigorously opposes the use of the American Indian mascot “Chief Wahoo,” as a racial stereotype that is an affront to Native Americans, and the Penobscot Nation respectfully requests that the Cleveland Indians Baseball Organization eliminate “Chief Wahoo” as (its) team mascot.”

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“Respect for Native Americans in Professional Sports Act of 2015,” H.R. 3487 114th Congress, 1st Session in the (U.S.) House of Representatives Sponsor: Rep. NORTON, Eleanor Holmes (Introduced Sept. 10, 2015)

“Non-Disparagement of Native American Persons or Peoples in Trademark Registration Act of 2013,” H.R. 1278 113th Congress, 1st Session in the (U.S.) House of Representatives Sponsor: Rep. FALEOMAVAEGA, Eni F. H. (Introduced March 20, 2013)

United States Senator SHERROD BROWN (Ohio)

(cleveland.com/open/index.ssf/2014/05/change… article by Stephen Koff, May 22, 2014): “He’s said many times that there’s no place for Chief Wahoo.” (quoting Brown’s communications director, Meghan Dubyak.)

“A Concurrent Resolution To encourage the Cleveland Indians baseball franchise to retire their nickname and mascot and to adopt a new nickname and a new mascot free of racial insensitivity,” S.C.R. No. 42 130th Ohio General Assembly, Regular Session (2013-2014) Sponsor: Senator KEARNEY, Eric

“No Public Funds—Demeaning Displays,” S.B. No. 189 120th Ohio General Assembly, Regular Session (1993-1994) Sponsor: Senator JOHNSON, Jeffrey

JEFFREY JOHNSON, Cleveland City Council, Former Ohio Senator

(Toledo Blade July 6, 1993) “This red-face Sambo symbol is an embarrassment to Cleveland…”

“It’s sad that many of Cleveland’s baseball fans are blind to the social and personal hurt this logo causes most Native Americans.”

(Cleveland.com April 01, 2014) “So is this as important as homicide? Yes. Because it deals with the death of character and the disrespect of a people. Even if they don’t find it insensitive, I do. And that’s why I think it’s time to retire Chief Wahoo.”

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ZACK REED, Cleveland City Council

(fox8.com/2014/03/05): “I’m doing it on behalf of the Native Americans, those of us that have tasted the bitterness of racism and bigotry know what it feels like, and if they’re saying that they believe that the character [Chief Wahoo] is racist towards their heritage, then we should do the right thing and remove it.”

“[But] we also have an obligation, an obligation to the people, the Native Americans to do whatever we can to assist them, in abolishing something [Chief Wahoo] that most of all agree should be abolished.”

KEVIN KELLY, Cleveland City Council President

(wkyc.com/story/news/politics/2014/03/04) “I’d like it if the Indians would find a way to phase out the Chief that is respectful to Native Americans and their loyal fans.”

BRIAN CUMMINS, Cleveland City Council

(newsnet5.com, March 31, 2014) “How insulting and degrading this [Chief Wahoo] logo is and it’s way passed time for it to be retired.”

MICHAEL WHITE, City of Cleveland Mayor

(bluecorncomics.com, City Ponders Official Wahoo Ban, Cleveland Plain Dealer, August 18, 2000, by Mark Vosburgh and Christopher Quinn), Mayor’s Executive Assistant Reuben Shepart: “The mayor believes [and I agree] that it [Chief Wahoo] is an offensive, racist symbol, and doesn’t want to support it on city property.”

FRANK JACKSON, City of Cleveland Mayor

(Cleveland.com/cityhall/index.ssf/2014/03/ (March 05, 2014)) “If there are Native Americans who believe it’s [Chief Wahoo] offensive to them, then who am I to tell them it’s not? And I support whatever they want to say about that.”

STATE OF NEBRASKA, Commission on Indian Affairs “Resolution of the Nebraska Commission on Indian Affairs, RES. # 99-2,” (April 19, 1999). “Whereas, exposure to displays of cultural stereotypes serve to perpetuate ignorance and racism against diverse cultures, and such teams and mascots have never been honorary or respectful, but instead perpetuates a pejorative, derogatory, denigrating, offensive and racist designation of Native Americans…”

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“Whereas, allowing logos which denigrate Native peoples’ cultures, sacred objects, ceremonial traditions, and components of traditional dress, to remain unchallenged within our educational institutions teaches both Indian and non-Indian children to tolerate and accept racism in our schools…”

“Whereas, other cultures and religious groups, are not used as mascots for the purposes of school or professional sports leagues and their fans, nor would such mascots or negative imagery be tolerated within any public or private school or business without an outcry from the citizens of the great State of Nebraska as an affront to basic human rights and dignity…”

STATE OF MICHIGAN, Michigan Department of Education “Reaffirmation of State Board of Education Resolution Regarding Use of American Indian Mascots, Nicknames, and Logos” (August 2, 2010)

“State of Michigan State Board of Education Resolution Use of American Indian Mascots. Nicknames, and Logos” (June 26, 2003)

NEW HAMPSHIRE, State Board of Education Resolution (2002)

STATE OF COLORADO “A Bill For An Act Concerning the Use of American Indian Mascots by Public Institutions of Education,” House Bill 15-1165 70th General Assembly, First Regular Session Sponsors: Salazar and Melton

STATE OF WISCONSIN “2009 Wisconsin Act 250: An Act to amend 118.51 (13); and to create 118.134 of the statutes; relating to: the use of race-based nicknames, logos, mascots, and team names by school boards, providing an exemption from emergency rule procedures, requiring the exercise of rule-making authority, and providing a penalty.” Signed into law by Governor James Doyle on May 5, 2010.

STATE OF OREGON, Oregon State Board of Education (May 17, 2012)

Oregon State Board of Education Resolution (May 17, 2012): “Whereas, more than 100 organizations across the nation have endorsed the discontinuation of Native American mascots, including the National Indian Education Association, the Oregon Indian Education Association, the Society of Indian Psychologists, the Affiliated Tribes of Northwest Indinas, and the US Commission of Civil Rights…”

“Whereas, the American Psychological Association and American Sociological Association have found the use of Native American mascots and symbols and their stereotypical imaging of American Indians within our public schools to be offensive and harmful to all students…”

“Now, Therefore, be it resolved that:

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1. The Oregon State Board of Education endorses the elimination of the use of Native American mascots by all Oregon public schools.”

OAR 581-0221-0047 (Prohibits public schools from using Native American mascots) (May 17, 2012): “(2) To ensure that all public schools are in compliance with ORS 659.850 which prohibits discrimination in public schools…, the use of any Native American mascot by a public school is prohibited.”

Report to the State Board of Education, Schools’ Use of Native American Mascots, Susan Castillo, Superintendent of Public Instruction (March 8, 2012): Citing testimony at a December 2006 State Board of Education meeting, “The New York Post has headlines such as, “Tribe on Warpath” and “Take the Tribe and Scalp ‘Em” when the NY Yankees play the Cleveland Indians.” (Includes a cartoon comparing Chief Wahoo to other, nonexistent racial caricatures of Cleveland sports mascots). (Page 6.)

“CONCLUSION: There exists an extensive body of knowledge and credible research that Native American symbols as mascots, logos, and team names promotes stereotyping and pupil harassment; little or no credible evidence exists that contradicts such evidence.”

Religion News Service, beliefnet.com/news/2000/09/ (Sept. 2000, retrieved 1/10/16):

“Religious Opposition to Chief Wahoo is Growing: UCC, Methodist, Presbyterian, Episcopal, and black church officials have come out against the Cleveland Indians logo”

Anti-Defamation League

Press Release: ADL Statement on Sports Team Names and Stereotypes (October 15, 2013) “…some offensive caricatures persist. While it is not the intention of the fans, owners or leaders of sports franchises to offend, teams like the Washington Redskins and the Cleveland Indians have a responsibility to be sensitive to the legitimate hurt that offensive names, mascots and logos cause. Tradition matters, but tradition should not justify the perpetuation of such names and mascots. A name change will not impact how a team fares on the field, or in the standings.”

Commission on Catholic Community Action (CCCA)

(racismagainstindians.org) Resolution on Cleveland’s Professional Baseball Team (adopted Aug. 17, 1993)

Presbyterian Church (U.S.A.) The 211th General Assembly (1999) of the Presbyterian Church (U.S.A.) Statement; The Overture on the Negative Effects of Stereotyping and Native Americans from the Presbytery of the Western Reserve to the 211th General Assembly; Comments, Rational and Minutes: “[the PC(USA) 211th General Assembly] directs the Stated Clerk to write professional teams…that use Native American imagery, expressing deep concern about the misuse of Native American

6 names, images, and symbols, and urging them to develop a process to choose a new name, logo, and/or mascot for the team;…call[s] upon individual Presbyterians to refrain from buying products that use negative stereotypes of Native Americans…”

"The use of negative stereotypes in language, imagery, and symbols denies the image of God in human beings; undermines human dignity; has a negative impact upon self-image, self-awareness, and a sense of human worth; and can foster an atmosphere in which hate grows, coming to expression in violence against individuals based on their innate characteristics.”

“The abuse of Christian symbols, such as the cross and chalice, for entertainment and/or profit is insulting, insensitive, and an affront to Christian spirituality, and is, therefore, unacceptable.”

“The abuse of Native American symbols, such as the headdress, feathers, and sacred pipe, for entertainment and/or profit is insulting, insensitive, and an affront to Native American spirituality, and is, therefore, unacceptable.”

National Association for the Advancement of Colored People (NAACP)

1999 NAACP Resolution In Opposition to Native American Mascots (April 28, 1999)

1992 NAACP Resolution on “Indian Sports Team Mascots and Names” (aka Indian Mascot Resolution)

National Congress of American Indians (NCAI)

Resolution MID-GB-93-58 (June 28-30, 1993) (obtained from aics.org on 1/14/16): “Now Therefore Be It Resolved, that the NCAI denounces the use of any American Indian name or Artifice associated with Indian mascots…”

United States Commission on Civil Rights (2001)

“However, the use of the imagery and traditions, no matter how popular, should end when they are offensive. We applaud those who have been leading the fight to educate the public and the institutions that have voluntarily discontinued the use of insulting mascots. Dialogue and education are the roads to understanding. The use of American Indian mascots is not a trivial matter. The Commission has a firm understanding of the problems of poverty, education, housing, and health care that face many Native Americans. The fight to eliminate Indian nicknames and images in sports is only one front of the larger battle to eliminate obstacles that confront American Indians. The elimination of Native American nicknames and images as sports mascots will benefit not only Native Americans, but all Americans. The elimination of stereotypes will make room for education about real Indian people, current Native American issues, and the rich variety of American Indian cultures in our country.”

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U.S.P.T.O. Database of Official Insignia of Native American Tribes (Sept. 25, 2001)

Press Release # 01-37 on Aug. 29, 2001 by the Commissioner for Trademarks, Anne Chasser: “We asked ourselves ‘what changes can the USPTO make to better protect the rights of Native Americans and to preserve the integrity of each tribal nation?”

UN General Assembly, United Nations Declaration on the Rights of Indigenous Peoples: resolution adopted by the General Assembly, 2 October 2007, A/RES/61/295; Adopted by the United States of America, 16 December 2010.

Declaration of Independence (1776)

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

Constitution of the United States

U.S. Const. Art. I, §8.

Civil Rights Act of 1964

LARRY DOBY (the first black American to play in the American League) Baltimoresun.com, Chief Wahoo and his ilk have overstayed welcome, by Ken Rosenthal (October 24, 1995): “It [Chief Wahoo] reminds me of the blackface minstrel shows.”

But See, “A Bill To amend section 4503.591 of the Revised Code to establish Cleveland Indians special license plates bearing the image of Chief Wahoo, under certain circumstances,” S.B. No. 316 123rd Ohio General Assembly, Regular Session (1999-2000) Sponsor: Spada, Robert

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