Ninth Circuit Briefs in Shingle Springs of Miwok Indians v. Caballeros

This is a trademark dispute between the federally recognized Shingle Springs Band of Miwok Indians and an unaffiliated man purporting to act as “Chief” of the “Shingle Springs Band of Miwok Indians.”

Here:

034 – Brief of Appellant Cesar Caballero(81539037_1)

040-1 – Answering Brief of Appellee Shingle Springs Band of Miwok Indians(81902896_1)

Lower court materials here.

Materials in Cesar Caballero’s Counterclaims against Shingle Springs Miwok

Here:

11-Caballero Answer and Counterclaim 2-17-09

17-Tribe’s MPA re Motion to Dismiss Counterclaims

22.1-Caballero Opposition 5-6-09

28-Tribe’s Reply re Motion to Dismiss 5-13-09

33-Order Granting MTD Counterclaim

Related cases here: federal criminal case, trademark case, and permanent injunction.

Shingle Springs Finally Wins Permanent Injunction against Man Claiming to be “Chief”

Amazing story. Cribbing from another’s description of the case:

Just after news broke that Tribe’s Red Hawk Casino was about to open several years ago, Cesar Caballero began his campaign to usurp the Tribe’s established identity. There are many fascinating twist and turns to this story, including Mr. Caballero’s conviction for obstruction of mail after submitting a fraudulent change of address form to have the Tribe’s mail diverted to his address. Earlier in the case (a few years back) he filed unsuccessful counterclaims seeking relief for alleged violation of his trademarks and challenging the Tribe’s status. The court dismissed the counterclaims with prejudice.

Here are the materials:

220 – Third Amended Complaint

236.1 – MPA re Summary Judgment Motion

258 – Caballero Response to Summary Judgment Motion

259 – Order Granting Summary Judgment And Entering Permanent Injunction

Ninth Circuit Briefing in Shingle Springs Miwok v. Caballero

Here:

Caballero Opening Brief

Shingle Springs Answer Brief

Caballero Reply Brief

Here is the issue, according to the tribe’s brief:

Appellee Shingle Springs Band of Miwok Indians (hereinafter, “Tribe”) has operated its federally recognized tribal government under the name “Shingle Springs Band of Miwok Indians” (the “Mark” or the “Tribe’s Mark”)[FN1] for over thirty years. During this time the Tribe provided governmental and educational services to its members and the public and its Mark became well known. Appellant Cesar Caballero is not a member of the Tribe, but identifies himself as a person of “Miwok” ancestry. In 2008, after he learned the Tribe planned to open a casino, he began to do business under the Tribe’s Mark and represent to third parties, through local and federal government filings, that he was the “Chief” and “Tribal Historian” of the “Shingle Springs Band of Miwok Indians.” These representations were false.