US Supreme Court Declines To Hear "Redskins" Trademark Case

The Supreme Court of the United States has refused to hear a lawsuit on behalf of Native American activists who assert the Washington Redskins' football team name is so offensive that it does not deserve trademark protection. The decision lets stand a lower court ruling that under the legal doctrine of “laches”, the plaintiffs waited too long to bring the challenge. The Court issued its ruling without substantive comment.

American trademark law prohibits registration of a name that "may disparage . . . persons, living or dead, . . . or bring them into contempt, or disrepute." The team has been known as the Redskins since 1933. The lawsuit was filed in 1992, when seven activists challenged a Redskins trademark issued in 1967. The plaintiffs won an early victory in the 1970s when the Trademark Trial and Appeal Board said the name could be interpreted as offensive to Native Americans.

The team appealed that ruling, and judges at the federal District and Circuit levels held the activists' trademark cancellation claim was barred by the doctrine of laches, which serves as a defense against stale legal claims. The activists argued that disparaging trademarks can be challenged at any time, citing a decision from the U.S. Court of Appeals for the 3rd Circuit. The decision was written by then-judge Samuel A. Alito Jr., who now sits on the Supreme Court.

In the wake of this legal setback, Tony Gonzales, Director of the American Indian Movement West in San Francisco, suggests that Presidential action is needed. Citing the many psychological studies and legal briefs that highlight cultural damage arising from derogatory human mascots, he asks “How much more has to come forward before the President takes action?” AIM West is planning a protest on 13 December 2009 at Oakland Coliseum to coincide with the Washington Redskins game against the Oakland Raiders.
 

American Indian Movement Statement On Free Speech And Indigenous Rights

The Grand Governing Council of the American Indian Movement (AIM) has released the following statement in response to President Obama's recent address before the United Nations General Assembly in New York.

In President Obama's speech to the United Nations on September 23, 2009, he spoke of a 'new direction'. Two years ago, four solitary nations voted against the United Nations Declaration on the Rights of Indigenous People, they were Canada, Australia, New Zealand, and the United States of America. The Australian government has since reversed its vote and now support the international human rights standard toward Indigenous people. The American Indian Movement asks the question of the Obama Administration: Will his administration recognize and support the international standard approved by the vast majority of the world's nations?

The United Nations' 64th year brings world leaders together to our sacred homeland to discuss the effects of the world's problems to humankind. The American Indian Movement respects the right of all world leaders to speak. We support the right of Moammar Al Gathafi, leader of Libya. We respect the right of Evo Moralas, President of Bolivia. We respect the right of Hugo Chavez, President of Venezuela. We respect the right of Mahmoud Ahmadinejad, President of Iran. We respect the right to speak at the United Nations of all the world leaders visiting our homeland.

We often talk in terms of the first world, or the west; or the second world, the east; or the third world, or the non-aligned nations. Another important dimension to this concept is the fourth world of natural and Indigenous people. Peoples whose populations oftentimes go beyond geo-political boundaries. While these struggles have been going on for hundreds of years, the international community has, for the most part, ignored this reality. One of the greatest crimes against humanity occurred right here in the United States of America. Support for the Declaration on the Rights of Indigenous People is a start to right this great wrong.

AMERICAN INDIAN MOVEMENT GRAND GOVERNING COUNCIL
MINISTRY FOR INFORMATION
P.O. Box 13521
Minneapolis MN 55414
612/ 721-3914 . fax 612/ 721-7826
Email: aimggc@worldnet.att.net
Web Address: http://www.aimovement.org

Clyde Bellecourt, co-founder American Indian Movement
612.251.5836

Bill Means, International Indian Treaty Council
612.386.4030

Chief Terrance Nelson, Vice Chairman American Indian Movement
204.782.4827
 

Ghosts of Pine Ridge: AIM Murder Trial Postponed Again

(photo: AIM-Arizona Chapter)

The violent events associated with Wounded Knee, Pine Ridge, and the American Indian Movement (AIM) have proved to be among the most haunting chapters in modern Native American history. A recent court decision ensures this controversial book will remain open longer still, as U.S. District Judge Lawrence Piersol has delayed again the trial of two men charged in the slaying of a fellow AIM member 33 years ago.

John Graham and Richard Marshall were scheduled to stand trial Feb. 24 in Rapid City, South Dakota on charges they committed or aided and abetted the first-degree murder of Annie Mae Aquash on the Pine Ridge Indian Reservation in 1975. Ms. Aquash was among the militants who occupied the village of Wounded Knee in a 71-day standoff with federal authorities in 1973, that included exchanges of gunfire with agents who surrounded the village.

Arlo Looking Cloud, a Lakota who was living homeless in Denver, was convicted in 2004 for his role in the murder and sentenced to life in prison. He is now stated to be cooperating with the government in its case against Graham and Marshall, leading to their indictments. Witnesses at Looking Cloud's trial said he, Graham and Theda Clarke drove Ms. Aquash from Denver in late 1975 and that Graham shot her as she begged for her life. Prosecution witnesses accuse Marshall of providing the handgun and shells Graham used to killed Ms. Aquash, allegedly on orders from AIM leaders who suspected she was a government informant.

Graham has denied the killing but acknowledged being in the car from Denver. He was scheduled to stand trial in October, but the indictment was dismissed because it didn't show that either Graham or Ms. Aquash belonged to a federally recognized Tribe – a prerequisite for federal criminal jurisdiction. Graham descends from the Tsimshian Tribe in the Yukon and fought his extradition from Canada for more than four years. He was extradited in December 2007 after the Supreme Court of Canada refused to review his case. Ms. Aquash was a member of Mi'kmaq Tribe of Nova Scotia.

The trial is being delayed because Marshall's attorney filed a motion in January requesting at least another two months to prepare the case, stating that the trial likely will include testimony about AIM, Wounded Knee, the 1975 slaying of two FBI agents and other events. Judge Piersol’s ruling states: "The Court agrees with counsel for Marshall that this case presents complex legal and factual issues. The crime involves multiple defendants and allegedly occurred as part of a wide-ranging conspiracy arising out of the AIM movement of the 1970s." For those whose lives and families were shattered by the blood that was shed more than 30 years ago, the ghosts of Pine Ridge are about to rise once again.