Ninth Circuit Affirms Use of “Crazy Horse” Trademark for Strip Clubs

Here is the opinion in Russell Road Food & Beverage v. Spencer.

An excerpt:

Once associated with a legendary Native American leader, “Crazy Horse” is now a registered trademark for “entertainment services, namely, exotic dance performances.” We must decide whether Russell Road’s use of the mark “Crazy Horse III” for its Las Vegas strip club infringes defendants Frank Spencer and Crazy Horse Consulting’s rights to the trademark “Crazy Horse.” The district court granted summary judgment to Russell Road, holding that it has the right to use the mark because it is the assignee of a valid trademark co-existence agreement entered into with the former owner of the registered Crazy Horse mark. We agree, and therefore affirm the entry of summary judgment in favor of Russell Road.

Frank Pommersheim on the Crazy Horse Malt Liquor Case

Frank Pommersheim has posted Part III of his South Dakota Law Review trilogy, The Crazy Horse Malt Liquor Case: From Tradition to Modernity and Halfway Back.

Here is the abstract:

Tasunke Witko, or Crazy Horse as he is known in English, is a revered nineteenth century warrior and spiritual leader of the Oglala Band of the Lakota (or Sioux) Nation. He is renowned for both his skills as a warrior and his high spiritual concern for the welfare of his people. He also often seems to stand apart as a mysterious, even mystical, individual. His picture was never taken by a photographer. He never went to Washington, D.C. to meet the “white fathers.” He never signed a treaty with the United States government. He never claimed to be a chief or tribal leader. He was ultimately killed in 1877, when he was held captive pursuant to his “surrender” at Camp Robinson in Nebraska. This, too, is shrouded in mystery.

Lakota Oyate Map

Link.

Lakota Independence from the US?

From Indianz:

Lakota Freedom Delegation withdraws from US

Thursday, December 20, 2007

A group called Lakota Freedom Delegation is withdrawing from the treaties their ancestors signed with the U.S. and is setting up their own independent nation. Four activists, including Russell Means, were in Washington, D.C., on Wednesday to announce their plans. They said the federal government has failed to abide by 33 treaties that promised land, health care, education and other services. “Our people want to live, not just survive or crawl and be mascots,” Phyllis Young said, Agence France-Press reported. Members of the new nation won’t pay taxes. The new nation’s territory covers western parts of North and South Dakota and Nebraska and eastern parts of Wyoming and Montana.

Get the Story:
Lakota group pushes for new nation (The Sioux Falls Argus Leader 12/20)
Descendants of Sitting Bull, Crazy Horse break away from US (AP 12/20)
Lakota group declares sovereign nation status (The Rapid City Journal 12/20)

Relevant Links:
Lakota Freedom Delegation – http://www.lakotafreedom.com