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Spirit Lake takes legal action against NCAA
Grand Forks Herald ^ | 11/1/2011 | Herald Staff Report

Posted on 11/01/2011 10:47:32 AM PDT by GOP_Party_Animal

Spirit Lake Tribal Council representatives announced this morning that legal action has been taken against the NCAA over the Fighting Sioux nickname and logo.

According to attorney Reed Soderstrom, representing the Committee of Understanding and Respect, and Archie Fool Bear, individually and on behalf of 1,004 petitioners from the Standing Rock Sioux Tribe, the lawsuit against the NCAA was filed in response to their ruling on the nickname and subsequent sanctions.

The lawsuit involves 12 counts, including copyright infringement, lack of jurisdiction and “intentional infliction of emotional distress on the Sioux people.”


TOPICS: Culture/Society; Front Page News; News/Current Events; US: North Dakota
KEYWORDS: athletics; fighting; logo; ncaa; nd; pc; sioux
The ongoing saga of North Dakota's fight against the NCAA political correctness police. UND's athletics logo is anything but "hostile and abusive" as the NCAA claims. Finally, Indians from a state reservation have had enough of white guys at the NCAA telling everyone what is offensive to Native Americans.


1 posted on 11/01/2011 10:47:38 AM PDT by GOP_Party_Animal
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To: GOP_Party_Animal

And when did this tribe file for a copyright?


2 posted on 11/01/2011 10:50:46 AM PDT by taxesareforever (Release Staff Sgt. Frank Wuterich and let him and his family get on with their lives.)
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To: GOP_Party_Animal

And when did this tribe file for a copyright?


3 posted on 11/01/2011 10:51:19 AM PDT by taxesareforever (Release Staff Sgt. Frank Wuterich and let him and his family get on with their lives.)
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To: GOP_Party_Animal

Have the Fighting Irish and the Fighting Illini commented?


4 posted on 11/01/2011 10:55:58 AM PDT by married21 (As for me and my house, we will serve the Lord.)
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To: taxesareforever
WHEN? Current copyright law doesn't wait for a filing for it to be available to be invoked. They make their claim and then file ~ and there's no need to make a claim until the right is disputed.

The NCAA is infringing on their rights to use or lend for use their own names ~ and trade-dress.

The NCAA will lose this one and this little tribe will make some bucks off them.

However, it's more like a TRADEMARK and those things just cruise along forever and ever. Kikoman, founded in Japan in the early 1600s, has a Trademark that's as protected now in America as it was nearly half a millenia ago ~ although I don't think they bring in a Samurai to cut off your head for stealing these days ~ but they could!

Remember, the Sioux have their own tried and tested techniques of ancient vintage.

5 posted on 11/01/2011 11:00:19 AM PDT by muawiyah
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To: GOP_Party_Animal

How about UND make their logo “The fightin’ John ‘Injun Liver-Eatin’ Johnsons”

Rumors, legends, and campfire tales abound about Johnson. Perhaps chief among them is this one: In 1847, his Native American wife was killed by the Crow people, which prompted Johnson to embark on an almost 12-year vendetta against the tribe. The legend says that he would cut out and eat the liver of each man killed. This was an insult to Crow being that the Crow Indians used to eat the raw livers from their game because they believed it gave them the vitality of the animal that they ate.
http://en.wikipedia.org/wiki/Liver-Eating_Johnson


6 posted on 11/01/2011 11:00:51 AM PDT by WKUHilltopper (And yet...we continue to tolerate this crap...)
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To: taxesareforever

Actually I would have expected a trademark. An Indian tribe name could be trademarked as a sports team trademark. But the tribe would have to file for the trademark before it was used. Some savvy tribes do, for example the Seminole (and they rake in the dough and both the Injuns and the palefaces are happy). But the Indian tribes can’t come along decades later and pull a stunt like this.

That said, there is no one fixed opinion in Indiandom about the suitability of paleface sports teams borrowing their tribe names. Some love it, some hate it, some don’t care.


7 posted on 11/01/2011 11:03:55 AM PDT by HiTech RedNeck (ya don't tug on Superman's cape/ya don't spit into the wind--and ya don't speak well of Mitt to Jim!)
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To: WKUHilltopper

Sounds like he’s lucky not to have gotten vitamin A poisoning.


8 posted on 11/01/2011 11:05:05 AM PDT by HiTech RedNeck (ya don't tug on Superman's cape/ya don't spit into the wind--and ya don't speak well of Mitt to Jim!)
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To: taxesareforever
maybe they should good back old school style:


9 posted on 11/01/2011 11:10:12 AM PDT by WOBBLY BOB (See ya later, debt inflator ! Gone in 4 (2012))
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To: HiTech RedNeck
But the Indian tribes can’t come along decades later and pull a stunt like this.

A stunt like what? The tribe is suing the NCAA to STOP them from telling UND that they have to drop the Fighting Sioux name.

10 posted on 11/01/2011 11:11:42 AM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: GOP_Party_Animal

Wow, they got 1,004 petitioners from the Standing Rock reservation! They must have included all the dogs and Antelopes.

I thought they wanted to be called Lakota.

The Lakota were originally referred to as the Dakota when they lived by the Great Lakes.

I can’t keep up.


11 posted on 11/01/2011 11:15:45 AM PDT by READINABLUESTATE (Millions of government bureaucrats are gang raping and choking the life out of America.)
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To: GOP_Party_Animal
Considering the Sioux tended to historically be more militant against white folks than some of the other tribes with its war history, that says something.

Here in Michigan, we have the Central Michigan Chippewas and the Eastern Michigan Hurons. The mostly white NCAA and PC police hated both of those names. The Chippewas stayed the Chippewas due to an agreement with the large Ojibwe/Chippewa tribe in Mt Pleasant and a lot of hell raised. The Hurons however became the Eagles, and some small Huron tribes, balked because they figured that nobody would remember them. I've never even knowingly seen a Huron.

12 posted on 11/01/2011 11:17:04 AM PDT by Darren McCarty (Perry and Cain I can support, but no Romney)
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To: taxesareforever
When you go onto the reservations in ND, everyone is proudly wearing Fighting Sioux logo'ed gear.

If it is so offensive to these people - why do they do this?

13 posted on 11/01/2011 11:22:49 AM PDT by Last Dakotan
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To: GOP_Party_Animal
attorney Reed Soderstrom, representing the Committee of Understanding and Respect, and Archie Fool Bear,

I couldn't get through these names without spraying the monitor with coffee.

14 posted on 11/01/2011 11:31:26 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it. (plagiarized))
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To: Last Dakotan
If it is so offensive to these people - why do they do this?

It's not.....They're suing the NCAA citing the Sioux name is public domain and the NCAA has no legal authority to tell UND not to use it.......The actual brief that was filed is linked at the site.

15 posted on 11/01/2011 11:37:06 AM PDT by Hot Tabasco
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To: taxesareforever
And when did this tribe file for a copyright?

Lawsuit Fact Sheet

16 posted on 11/01/2011 11:42:29 AM PDT by Hot Tabasco
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To: Navy Patriot

“I pity the Archie Fool Bear” , was one of Mr.T’s favorite sayings.


17 posted on 11/01/2011 11:47:58 AM PDT by WOBBLY BOB (See ya later, debt inflator ! Gone in 4 (2012))
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To: GOP_Party_Animal

I went to the University of North Dakota. Go Sioux.


18 posted on 11/01/2011 11:59:36 AM PDT by Mark17 (California, where English is a foreign language)
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To: GOP_Party_Animal
Sounds like what happened with the FSU Seminoles.

The university has a very close relationship to the Seminole Nation and Chief Osceola appears at the home games riding "Renegade". Very impressive if you're there at the game.

The Seminole Nation told the NCAA to find a better use for their time instead of deciding what is or isn't right for the Seminoles.

19 posted on 11/01/2011 12:23:59 PM PDT by capt. norm (Blessed are they who can laugh at themselves for they shall never run out of material. c)
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To: Bubba Ho-Tep

Oops, I didn’t follow all the curlicues in this case. This is pretty stuck up of the NCAA to assume they’re more “sensitive” than the concerned Indian tribe itself! Yes, if the Sioux grants UND permission the NCAA should certainly butt out! You’d think they’d get the hint without having to be made to go to court, which is very sad. Maybe the head of the NCAA should find a ketchup-covered tomahawk in his bed in the morning, with a note attached saying that you don’t mess around with the Sioux.


20 posted on 11/01/2011 5:29:54 PM PDT by HiTech RedNeck (ya don't tug on Superman's cape/ya don't spit into the wind--and ya don't speak well of Mitt to Jim!)
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To: GOP_Party_Animal

Perhaps the lawsuit papers were served at NCAA headquarters.

You know, in Indianapolis, Indiana.


21 posted on 11/01/2011 5:32:58 PM PDT by Colonel_Flagg (Barack suffers from ADD -- "Additional Deficit Disorder".)
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To: capt. norm
Here's another little secret. The Seminoles (or their cousins the Creeks) gave us the cowboy shout "Yeehaw."
22 posted on 11/01/2011 5:33:09 PM PDT by HiTech RedNeck (ya don't tug on Superman's cape/ya don't spit into the wind--and ya don't speak well of Mitt to Jim!)
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To: All

The Indians are the good guys in this. They like the name being used by the college and are insulted that the NCAA thinks the name of their tribe is somehow offensive and should not be used. The tribe is telling the PC libs at the NCAA to lighten up.
l


23 posted on 11/02/2011 2:01:09 PM PDT by icwhatudo ("laws requiring compulsory abortion could be sustained under the constitution"-Obama official)
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To: WKUHilltopper

His name was Jeremiah Johnson, and they say he wanted to be a mountain man. The story goes that he was a man of proper wit and adventurous spirit, suited to the mountains. Nobody knows whereabouts he come from and don’t seem to matter much. He was a young man and ghosty stories about the tall hills didn’t scare him none...


Did You Know?
Trivia
Liver Eatin’ Johnston’s wife (who was pregnant at the time) was actually killed by a random raiding party of Blackfeet not in revenge for a violation of their burial grounds. She was killed in the Spring while Johnston was off trapping and he didn’t return to find her body until several months later. He identified the band that had killed her because he recognized a Tennessee rifle he had given her in the possession of a Crow warrior. Also, rather than isolated incidents as shown in the movie, Johnston often recruited other mountain men as well as Indians (particularly Flatheads) to help him with his vendetta. The part about the warriors sent to kill him and told not to return without his scalp was true.

http://www.imdb.com/title/tt0068762/


24 posted on 11/02/2011 2:25:50 PM PDT by AlmaKing
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To: Darren McCarty

The 3000 Hurons living today are located just outside Quebec. I just visited them this summer. Some work local jobs and go to local schools; others prefer to live out in the wilderness north of Quebec. They told me they once numbered 25,000. They also sided with us in the Revolutionary War. They used to occupy a relatively large territory, but there final destination was Quebec.


25 posted on 11/02/2011 2:49:22 PM PDT by AlmaKing
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