UND sues NCAA over name

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theblackgecko
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Post by theblackgecko » Wed Oct 11, 2006 5:23 pm

I found this interesting, but can't figure a way to give an executive summary. It's a letter from the president of UND explaining the lawsuit against the NCAA.

Dear All,

I have chosen to communicate with you in this way for several reasons. Since you have had what you say is the “final” word on the issue of our nickname and logo, we must now consider legal action. I want you, as well as University of North Dakota stakeholders and the general public, to know why we must. The NCAA leaves us no recourse but to consider litigation to make the point that the policy you have instituted is illegitimate and that it has been applied to the University of North Dakota in an unfair, arbitrary, capricious, fundamentally irrational, and harmful manner....

Sincerely,

Charles E. Kupchella, Ph.D.

President

http://www.universityrelations.und.edu/ ... 07-06.html



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Post by SonomaCat » Wed Oct 11, 2006 5:42 pm

At the risk of being just a wee bit self-indulgent, I think my post from earlier is even more on-point now having seen that letter from the UND President. The "stakeholders" comment he made almost segues perfectly into my post:
You know, UND should file another lawsuit as a parallel strategy in case this case against the NCAA falls through.

As anyone who has opined on this topic knows, the reason the NCAA has ruled against UND is because the local Sioux Tribal governing bodies have requested this of the NCAA, saying that they do not approve of the way UND uses their tribal name as a mascot for their athletic programs.

To get around this complication, UND needs to sue the Sioux Tribe's governing bodies for the exclusive rights to the name "Sioux."

Not only is it fun to use the words "sue" and "Sioux" in the same sentence, but this lawsuit would have a sincere compelling business interest.

UND is running a business, and they have developed a brand ... the "Fighting Sioux."

The Sioux Tribe is also using the name "Sioux," but they are wasting it in a business sense. Not only are they not capitalizing on the enormous marketing potential of the Sioux name, they have been actively diluting the essence of the brand with their own vicious anti-business attitude.

You see, countless pulp novels of the 1800s, older-vintage American history books, John Wayne-type cowboy and Indian movies, and UND have spent a good deal of time and effort in the careful and exhaustive campaign to creat the Sioux brand that we all know and love: one that evokes an image of fierce violence and savage bravery in the acts of killing other people. It is a focused brand that emphasizes the power and image of a violent and war-loving people. This brand, through the efforts described above, has enormous fair market value, and should not be wasted.

The Sioux tribe, on the other hard, are working to destroy the brand name. They have tribe to portray the brand name in ways that have nothing to do with the focus of the brand that so many good white folks have put so much time in developing. The Sioux tribe is trying to portray the Sioux name in ways that are counter-productive. They are trying to show Sioux people as teachers, doctors, authors, farmers, and all sorts of other faces. They are portraying the Sioux as families and children ... native literature, art, religion, and language ... and all sorts of other complicated concepts -- very counter-brand focus. They have even gone so far as to suggest that some Sioux aren't savage war-loving violent people.

This is intolerable.

UND should have an open and shut case against the Sioux Tribe. The Sioux Tribe has shown a blatant and flagrant disregard for the brand potential of the Sioux name, and has willfully and selfishly tried to destroy that brand name by using the term to depict real people that lack the focused emphasis on savagery and violence that is imperative for the Sioux brand to be effective. Any judge worth his salt will be sure to strip all rights of the name "Sioux" from the tribe and grant exclusive rights to the University of North Dakota for its continued use.

And at that point ... those pesky tribes will no longer have the ability to sabotage the brand name that UND has worked so hard to develop.



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PapaG
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Post by PapaG » Wed Oct 11, 2006 6:19 pm

ChiOCat wrote:You've got to love a topic that gets you thinking about it when you're not sitting here!

During the last year, I have been "getting back to my Irish roots" and read several books on the history. It's really quite similar to that of Native Americans, those damn English came in and degraded and shat upon anyone Native. Although, the native Irish had opportunities to rise back as at least co-leaders of their country. So, the Fighting Irish moniker IS quite similar to the Fighting Soiux.

Now, would I be upset by a team portraying Custer (or Cromwell) as what they were? NO. Of course I am mainly English heratige, but does that directly impact me? Does it imply that I am by any means a genocidal maniac?

So who's with me to get the Cowboys to change their name?????
Hogwash! I've been watching Notre Dame play for years.

It's from them I learned that all Irish people are small and wear green suits with a funny hat!

;)



theblackgecko
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Post by theblackgecko » Wed Oct 11, 2006 6:37 pm

PapaG wrote:
ChiOCat wrote:You've got to love a topic that gets you thinking about it when you're not sitting here!

During the last year, I have been "getting back to my Irish roots" and read several books on the history. It's really quite similar to that of Native Americans, those damn English came in and degraded and shat upon anyone Native. Although, the native Irish had opportunities to rise back as at least co-leaders of their country. So, the Fighting Irish moniker IS quite similar to the Fighting Soiux.

Now, would I be upset by a team portraying Custer (or Cromwell) as what they were? NO. Of course I am mainly English heratige, but does that directly impact me? Does it imply that I am by any means a genocidal maniac?

So who's with me to get the Cowboys to change their name?????
Hogwash! I've been watching Notre Dame play for years.

It's from them I learned that all Irish people are small and wear green suits with a funny hat!

;)
I thought Ducks did that?



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Post by PapaG » Wed Oct 11, 2006 6:39 pm

theblackgecko wrote:
PapaG wrote:
ChiOCat wrote:You've got to love a topic that gets you thinking about it when you're not sitting here!

During the last year, I have been "getting back to my Irish roots" and read several books on the history. It's really quite similar to that of Native Americans, those damn English came in and degraded and shat upon anyone Native. Although, the native Irish had opportunities to rise back as at least co-leaders of their country. So, the Fighting Irish moniker IS quite similar to the Fighting Soiux.

Now, would I be upset by a team portraying Custer (or Cromwell) as what they were? NO. Of course I am mainly English heratige, but does that directly impact me? Does it imply that I am by any means a genocidal maniac?

So who's with me to get the Cowboys to change their name?????
Hogwash! I've been watching Notre Dame play for years.

It's from them I learned that all Irish people are small and wear green suits with a funny hat!

;)
I thought Ducks did that?
Ducks wear neon bright unis that require sunglasses to view. I'll get another first hand look this weekend when I head down to Autzen for the UO/UCLA game.



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