W W W. D I S T I N C T LY M O N TA NA . C O M
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For 25 years an epic legal battle took place over the use of the name "Redskins"
by the NFL team. Despite protests, the fight petered out once the Judge pronounced
the team the winner deeming that no harm nor prejudice was intended. In this case
common law applied.
The Navajo Nation sued Urban Outfitters for selling "tacky" goods and calling
them Navajo-made. The Indian Arts and Crafts Act says it is illegal to produce a
product that says it's Indian made when it is not.
But Mazda came to the tribe and asked for permission to use the name on an
SUV. They promised to use the word with dignity and gave a car to use in its gov-
ernment offices.
If the tribe is treated with respect and is given a benefit in exchange for use of its
name, permission is more likely granted.
Native names and symbols appear more frequently on food, cosmetics, pictures,
books, spiritual practices, etc. now because of more interest in Indian peoples.
The obvious reason is that they make money.
But the impoverished tribes don't have the wherewithal of a Coca Cola company
to protect its trademark on products.
Many states have laws to prevent improper labeling and advertising but courts
apply the same laws differently. A more stringent law is needed to protect Indian
names and symbols.
For a complete discussion of tribal protections of their names,
see www.culturalsurvival.org/publications/cultural-survival-quarterly/
whats-name-can-native-americans-control-outsiders-use
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4 0 6 - 4 1 4 - 5 1 4 0
ABOUT NATIVE AMERICAN TRADEMARK/BRANDNAME PROTECTION
MANY STATES HAVE LAWS TO PREVENT IMPROPER
LABELING AND ADVERTISING BUT COURTS APPLY
THE SAME LAWS DIFFERENTLY. A MORE STRINGENT LAW
IS NEEDED TO PROTECT INDIAN NAMES AND SYMBOLS.
Apsalooka Nights design by Bethany Yellowtail and rip-off
