THIS OPINION IS A PRECEDENT OF THE TTAB Hearing: March 7, 2013 Mailed: June 18, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _____ Trademark Trial and Appeal Board _____ Amanda Blackhorse, Marcus Briggs-Cloud, Philip Gover, Jillian Pappan, and Courtney Tsotigh v. Pro-Football, Inc. _____ Cancellation No. 92046185 _____ Jesse A. Witten, Jeffrey J. Lopez, John D. V. Ferman, Lee Roach and Stephen Wallace of Drinker, Biddle & Reath LLP for Amanda Blackhorse, Marcus Briggs, Philip Gover, Jillian Pappan, and Courtney Tsotigh. Robert L. Raskopf, Claudia T. Bogdanos and Todd Anten of Quinn Emanuel Urquhart & Sullivan, LLP for Pro-Football, Inc. _____ Before Kuhlke, Cataldo and Bergsman, Administrative Trademark Judges. Opinion by Kuhlke, Administrative Trademark Judge: OVERVIEW Petitioners, five Native Americans, have brought this cancellation proceeding pursuant to Section 14 of the Trademark Act of 1946, 15 U.S.C. § 1064(c). They seek to cancel respondent’s registrations issued between 1967 and 1990 for Cancellation No. 92046185 trademarks consisting in whole or in part of the term REDSKINS for professional football-related services on the ground that the registrations were obtained contrary to Section 2(a), 15 U.S.C. § 1052(a), which prohibits registration of marks that may disparage persons or bring them into contempt or disrepute. In its answer, defendant, Pro-Football, Inc., asserted various affirmative defenses including laches.1 As explained below, we decide, based on the evidence properly before us, that these registrations must be cancelled because they were disparaging to Native Americans at the respective times they were registered, in violation of Section 2(a) of the Trademark Act of 1946, 15 U.S.C. § 1052(a). This decision concerns only the statutory right to registration under Section 2(a). We lack statutory authority to issue rulings concerning the right to use trademarks. See, e.g., In re Franklin Press, Inc., 597 F.2d 270, 201 USPQ 662, 664 (CCPA 1979). The Registrations at Issue The following six registrations (hereinafter referred to collectively as the REDSKINS marks) are the subject of this cancellation proceeding: 1. Registration No. 0836122 for the mark THE REDSKINS (stylized), shown below, for “entertainment services – namely, football exhibitions rendered in stadia and through the media of radio and television broadcasts,” in Class 41;2 The Board struck the other affirmative defenses, which primarily concern Constitutional challenges and they are preserved for appeal. 1 2 Registered September 26, 1967; second renewal. 2 Cancellation No. 92046185 2. Registration No. 0978824 for the mark WASHINGTON REDSKINS, in typed drawing form, for “entertainment services – namely, presentations of professional football contests,” in Class 41;3 3. Registration No. 0986668 for the mark WASHINGTON REDSKINS and design, shown below, for “entertainment services – namely, presentations of professional football contests,” in Class 41;4 4. Registration No. 0987127 for the mark THE REDSKINS and design, shown below, for “entertainment services – namely, presentations of professional football contests,”5 in Class 41; 3 Registered February 12, 1974; third renewal. 4 Registered June 18, 1974; second renewal. 5 Registered June 25, 1974; second renewal. 3 Cancellation No. 92046185 5. Registration No. 1085092 for the mark REDSKINS, in typed drawing form, for “entertainment services – namely, presentations of professional football contests,” in Class 41;6 and 6. Registration No. 1606810 for the mark REDSKINETTES, in typed drawing form, for “entertainment services, namely, cheerleaders who perform dance routines at professional football games and exhibitions and other personal appearances,” in Class 41.7 Prior Litigation This is the second time the Board has faced a petition to cancel these registrations. On September 10, 1992, Suzan Harjo and six other Native Americans filed a petition to cancel the above-noted registrations on the ground the marks consist of or comprise matter which disparages Native American persons, and 6 Registered February 7, 1978; second renewal. Registered July 17, 1990; renewed in 2000. Section 8 affidavits of continuing use and applications for renewal under Section 9 must be filed at the end of each successive 10-year period following the date of registration. 15 U.S.C. § 1059. See also Trademark Manual of Examining Procedure (TMEP) § 1606.03 (“The Director has no authority to waive the deadline for filing a proper § 9 renewal application.”). We note the last Section 8 affidavit and Section 9 application for renewal was filed in 2000 and accepted by the USPTO on March 9, 2004. The filing deadline for the next renewal would have been July 17, 2010 but USPTO records do not show any such filing. Thus, it appears regardless of the outcome of this proceeding, this registration has expired. Nonetheless, when a registration which is the subject of a cancellation proceeding is abandoned or left to expire during the proceeding, such action is treated as an abandonment of the registration without the consent of the petitioner. 37 C.F.R. § 2.134(b). See also Trademark Trial and Appeal Board Manual of Procedure (TBMP) § 602.02(b) (3d ed. rev. June 2013). Typically, the Board would issue a show cause order to the respondent to indicate whether the expiration of the registration was purposeful or inadvertent. If such action was purposeful, judgment is entered against the respondent as to that registration. If the expiration was inadvertent, the petitioner would be allowed time to pursue its claim to final judgment. Neither party alerted the Board to this issue. Because the proceeding was tried and briefed on all the registrations including this one, we proceed to final judgment on this registration. 7 4 Cancellation No. 92046185 brings them into contempt, ridicule, and disrepute; and the marks consist of or comprise scandalous matter under Section 2(a) of the Trademark Act. Respondent denied the salient allegations in the petition for cancellation and asserted eleven affirmative defenses, including laches. The Board struck all of respondent’s affirmative defenses. Harjo v. Pro Football, Inc., 30 USPQ2d 1828, 1833 (TTAB 1994); and 50 USPQ2d 1705, 1710 (TTAB 1999). After seven years of litigation, involving multiple discovery and pretrial motions, the Board issued its decision on the merits, held that respondent’s REDSKINS marks were disparaging to Native Americans when registered and ordered the registrations canceled. Harjo v. ProFootball, Inc., 50 USPQ2d at 1743. Respondent appealed the decision to the United States District Court for the District of Columbia. On motion for summary judgment, the District Court reversed the Board for two reasons: The TTAB’s finding of disparagement is not supported by substantial evidence and must be reversed. The decision should also be reversed because the doctrine of laches precludes consideration of the case. Pro-Football, Inc. v. Harjo, 284 F. Supp. 2d 96, 68 USPQ2d 1225, 1263 (D.D.C. 2003). The petitioners appealed the rulings that the claim of disparagement was not supported by substantial evidence and that the defense of laches may be asserted against a disparagement claim. The United States Court of Appeals for the District of Columbia Circuit held that the District Court applied the wrong standard in evaluating laches as to at least one of the petitioners because “laches runs only from 5 Cancellation No. 92046185 the time a party has reached his majority” and, while retaining jurisdiction over the case, remanded the record to the District Court to evaluate whether laches barred petitioner Mateo Romero’s claim. Pro-Football, Inc. v. Harjo, 415 F.3d 44, 75 USPQ2d 1525, 1528 (D.C. Cir. 2005). The D.C. Circuit did not address the issue of whether substantial evidence supported the Board’s finding of disparagement. On remand, the District Court found that laches did bar the claim: [D]efendant Romero unreasonably delayed his bringing of a cancellation proceeding and … his eight-year delay demonstrates a lack of diligence on his part. The court further finds that Defendant Romero’s delay has resulted in both trial prejudice and economic prejudice to Pro-Football, such that it would be inequitable to allow Defendant Romero to proceed with his cancellation petition. Pro-Football, Inc. v. Harjo, 567 F. Supp.2d 46, 87 USPQ2d 1891, 1903 (D.D.C. 2008). Petitioners appealed. The D.C. Circuit affirmed the decision of the lower court on the issue of laches and stated that the petitioners “argue only that the District Court improperly assessed evidence of prejudice in applying laches to the facts at issue” and limited its decision “to that question.” Pro-Football, Inc. v. Harjo, 565 F.3d 880, 90 USPQ2d 1593 (D.C. Cir. 2009). Thus, the D.C. Circuit resolved the case solely on the issue of laches, never addressing the Board’s finding of disparagement on the merits. 6 Cancellation No. 92046185 The Current Litigation While Harjo was pending, six new individual petitioners filed a petition to cancel the same registrations for the REDSKINS marks.8 Proceedings were suspended pending the disposition of the Harjo civil action and resumed in March 2010.9 In March 2011, the parties stipulated, with certain exceptions, that the entire Harjo record may be submitted into evidence through a Notice of Reliance.10 The stipulation provides in pertinent part that: 1. Except as provided below, all evidence submitted with a Notice of Reliance, as well as all deposition transcripts and exhibits thereto submitted by any party, in Harjo … shall be admissible in this proceeding unless the Trademark Trial and Appeal Board ruled in Harjo that the evidence was not admissible, in which case all arguments as to admissibility are preserved. 2. The Parties do not stipulate that any particular piece of evidence described in paragraph 1 is relevant to any issue in this proceeding, and therefore may object to evidence described in paragraph 1 on grounds that it is not relevant.11 During this proceeding, petitioner Shquanebin Lone-Bentley withdrew her petition for cancellation. TTABVue 24. The citations to “TTABVue” throughout the decision are to the Board’s public online database that contains the proceeding file, available on the USPTO website, www.USPTO.gov. The number represents the prosecution history number listed in the electronic case file. 8 9 Board’s notice of suspension (TTABVue 6); notice of proceedings resumed (TTABVue 23). Joint Stipulation Regarding Admissibility of Certain Evidence & Regarding Certain Discovery Issues, dated March 11, 2011, and filed March 14, 2011 (TTABVue No. 31). In Board proceedings there is no live testimony. Testimony is taken by deposition and the resulting transcripts are filed with the Board. Other appropriate evidence is submitted under a Notice of Reliance. Information regarding Board procedure may be found in the Trademark Rules 37 C.F.R. §§ 2.101-2.136 and the TBMP both available on the USPTO website www.uspto.gov. 10 11 Id. 7 Cancellation No. 92046185 As stipulated, the parties only reserved the right to make objections based on relevance to evidence earlier admitted into the Harjo record and admitted into this case under paragraph 1. All other possible objections, including those based on hearsay, were waived. This was confirmed from both parties at the oral hearing. In view of the intense pretrial litigation engaged in by the parties in Harjo and because the record created in that case was voluminous, the Board ordered the parties to appear at a pretrial conference.12 In order to litigate this proceeding as efficiently as possible, a pretrial conference will help the Board and the parties focus the evidence and arguments at trial.13 After briefing by the parties, the Board issued another order setting forth the applicable law relating to the issues of disparagement and laches involved herein.14 In regard to the former issue, the Board noted that the test for disparagement comprises a two-step inquiry: a. What is the meaning of the matter in question, as it appears in the marks and as those marks are used in connection with the goods and services identified in the registrations? b. Is the meaning of the marks one that may disparage Native Americans? Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1248; Harjo v. Pro-Football, Inc., 50 USPQ2d at 1740-41. See also, In re Geller, __ F.3d ___, 110 USPQ2d 1867, 1869 (Fed. Cir. 2014). Both questions are to be answered as of the various dates of 12 Board’s March 15, 2011 Order (TTABVue 32). 13 Id. at 2 (TTABVue 32, p. 2). 14 Board’s May 31, 2011 Order (TTABVue 40). 8 Cancellation No. 92046185 registration of the involved marks. Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1248; Harjo v. Pro-Football, Inc., 50 USPQ2d at 1735, 1741. In deciding the second question, whether the term “redskins” may disparage Native Americans, we look not to the American public as a whole, but to the views of the referenced group (i.e., Native Americans). Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1247; Harjo v. ProFootball, Inc., 50 USPQ2d at 1739.15 The views of the referenced group are “reasonably determined by the views of a substantial composite thereof.” Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1247 (quoting Harjo v. Pro-Football, Inc., 50 USPQ2d at 1739). A “substantial composite” of the referenced group is not necessarily a majority of the referenced group. In re Heeb Media LLC, 89 USPQ2d 1071, 1074 (TTAB 2008); In re Squaw Valley Dev. Co., 80 USPQ2d 1264, 1279 n.12; cf. Ritchie v. Simpson, 179 F.3d 1091, 50 USPQ2d 1023, 1024 (Fed. Cir. 1999) (“Whether a mark comprises immoral and scandalous matter is to be ascertained in the context of contemporary attitudes, and the relevant viewpoint is not necessarily that of a majority of the general public, but of a ‘substantial composite.’”) (quoting In re Mavety Media Group Ltd., 33 F.3d 1367, 31 USPQ2d 1923, 1925-26 (Fed. Cir. 1994)). What comprises a “substantial composite” of the referenced group is a fact to be determined at trial. In making this determination, “we are charged with taking into account the views of the entire See id. at 8-11 (TTABVue 40, pp. 8-11). In our earlier order outlining the applicable law, the statement that the perceptions of the general public are irrelevant refers to the ultimate legal determination. It does not foreclose evidence of general perception. If, for example, numerous dictionary definitions unanimously included a usage characterization indicating a term is offensive, contemptuous, etc. that could be evidence of the general perception of a term and could serve to support a finding that the referenced group finds the term to be disparaging. 15 9 Cancellation No. 92046185 referenced group who may encounter [respondent’s services] in any ordinary course of trade for the identified goods and services.” Heeb Media, 89 USPQ2d at 1075.16 Finally, any cancellation of a registration should be granted only with “due caution” and “after a most careful study of all the facts.” Rockwood Chocolate Co. v. Hoffman Candy Co., 372 F.2d 552, 152 USPQ 599, 601 (CCPA 1967) (internal citations omitted). THE RECORD The record includes the pleadings, the files of respondent’s registrations by operation of Trademark Rule 2.122(b), 37 C.F.R. § 2.122(b), deposition testimony of each of the petitioners and the associated deposition exhibits, and nearly the entire Harjo record (except for the deposition testimony of the Harjo petitioners), by stipulation. The submissions from the Harjo record are listed in full in Appendix A (for petitioners) and Appendix B (for respondents).17 As noted above, the parties only preserved the right to make objections in this case based on relevance to any evidence earlier admitted into the Harjo record. Respondent asserted 26 pages of relevancy objections. We have considered those objections in weighing the evidence and specifically address them where we have relied on evidence for our findings of fact. We do not rely on the Ross Survey and 16 See id. at 8-9 (TTABVue 40, pp. 8-9). The record includes copies of newspaper articles, publications, resolutions, letters, and other printed materials originally submitted and considered in the Harjo proceeding which are dated, published or otherwise were disseminated prior to 1993. In Harjo, all of these materials were submitted under Notices of Reliance by both parties. Despite the fact that some of these materials (e.g., letters) are not properly introduced under Notice of Reliance, because no party to that proceeding objected to the means of submission, the Board considered the material as admitted into the record. Harjo v. Pro-Football, Inc., 50 USPQ2d at 1723. 17 10 Cancellation No. 92046185 therefore we do not address respondent’s various arguments with regard to that piece of evidence.18 Petitioners’ objections to respondent’s evidence are overruled. As noted above, on March 14, 2011, the parties filed a stipulation regarding the admissibility of evidence in this case. In Harjo, the Board admitted the particular evidence to which petitioners now object because neither party then objected to it coming in under a Notice of Reliance. Harjo v. Pro-Football, Inc., 50 USPQ2d at 1721-23. The Board specifically stated as to these documents and other documents upon which respondent relies that it “has considered all such material of both parties as part of the record in this case.” Harjo v. Pro-Football, Inc., 50 USPQ2d at 1723. While the Board in Harjo discussed the hearsay nature of the evidence or lack of foundation, it was admitted into the record; and the parties’ stipulation in this case waives all objections, other than relevancy, as to this evidence. Thus, petitioners are estopped from objecting to the evidence on any basis except relevance because the evidence had been admitted in Harjo and, therefore, falls within paragraph No. 1 of the stipulation noted above. In their reply brief, petitioners assert that “[i]n addition to the waiver of the hearsay objections, the news articles would fit within hearsay exceptions, including the ancient records exception, so their content may be considered for the truth of We do note generally that the survey would have very limited probative value. As the Board noted in Harjo, 50 USPQ2d at 1734, the Ross survey is “a survey of current attitudes towards the word ‘redskin(s)’ as a reference to Native Americans.” Therefore, the survey does not directly measure the perceptions of Native Americans during the relevant time frame. 18 11 Cancellation No. 92046185 the matters asserted.”19 While the ancient documents exception could provide further support for reliance on various documents from both parties (newspaper articles, letters, etc.), the contents of which would otherwise constitute hearsay, in view of the waiver of hearsay objections it is not necessary to apply this exception.20 Finally, regarding the parties’ waiver of hearsay objections, courts have routinely accepted and enforced such waivers, and relied on the evidence for the truth of the matter asserted. “The presumption of waivability has found specific application in the context of evidentiary rules. Absent some ‘overriding procedural consideration that prevents enforcement of the contract,’ courts have held that agreements to waive evidentiary rules are generally enforceable even over a party’s subsequent objections.” U.S. v. Mezzanatto, 513 U.S. 196, 202 (1995), citing 21 C. 19 Pet’rs’ Reply Br. 9-10 (citing Fed. R. Evid. 803(16)) (TTABVue No. 184). Under Rule of Evidence 803(16), “[s]tatements in a document in existence twenty years or more the authenticity of which is established” are not considered hearsay, and therefore, are not excluded by the hearsay rule. Id. Further, “[t]he ancient document exception contained in Rule 803(16) . . . clearly applies to any document including letters, records, contracts, maps, newspapers and certificates.” 4 Michael H. Graham, Handbook of Federal Evidence § 803:16, at 405-06 (6th ed. 2006); see, e.g., Martha Graham Sch. & Dance Found. Inc. v. Martha Graham Ctr. of Contemporary Dance Inc., 380 F.3d 624, 72 USPQ2d 1143, 1156 (2d Cir. 2004) (affirming lower court reliance on two letters for the truth of the statements therein as admissible under Rule 803(16), the ancient-documents exception to the hearsay rule, to determine copyright ownership of dances). See also Bell v. Combined Registry Co., 397 F. Supp. 1241, 188 USPQ 707 (N.D. Ill. 1975), aff’d, 536 F.2d 164 (7th Cir. 1976) (allowing letters and newspaper articles from the 1930s and 1940s to determine a copyright suit); Murray v. Sevier, 50 F.Supp.2d 1257, 1264 n.6 (M.D.Ala. 1999) (interviewee's statements reported in a newspaper article admissible under Rule 803(16)), vacated on other grounds, Murray v. Scott, 253 F.3d 1308 (11th Cir. 2001). “The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” Fed. R. Evid. 901(a). Rule of Evidence 901(b)(8) states that an ancient document may be authenticated by evidence that the document “(A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where it, if authentic, would likely be, and (C) has been in existence 20 years or more at the time it is offered.” Fed. R. Evid. 901(b)(8). Rule of Evidence 902 provides that newspapers and periodicals are self-authenticating. Fed. R. Evid. 902(6). 20 12 Cancellation No. 92046185 Wright & K. Graham, FEDERAL PRACTICE AND PROCEDURE (FPP) § 5039, pp. 207-08 (1977). “Courts have ‘liberally enforced’ agreements to waive various exclusionary rules of evidence. Id. (quoting Note, Contracts to Alter the Rules of Evidence, 46 HARV. L. REV. 138, 139-140 (1933)). “[A]lthough hearsay is inadmissible except under certain specific exceptions, we have held that agreements to waive hearsay objections are enforceable.” Id. citing U.S. v. Bonnett, 877 F.2d 1450 (10th Cir. 1989) (hearsay objection waived by stipulation); see FPP § 5039.4 Estoppel and Waiver – Withdrawal of Objections and § 5039.5 Estoppel and Waiver – Stipulations and Contractual Waiver. See also U.S. v. Alazzam, slip op. No. 1:08cr101 (JCC) (E.D.Va. September 29, 2009), 2009 WL 3245392 (use of waiver extended to a prosecution’s case in chief).21 STANDING A plaintiff must show that it has a “real interest” in the outcome of a proceeding in order to have standing. Ritchie v. Simpson, 50 USPQ2d at 1025. A “real interest” in the proceeding is a legitimate personal interest in the opposition or cancellation. Id., citing Lipton Indus., Inc. v. Ralston Purina Co., 670 F.2d 1024, 213 USPQ 185, 189 (CCPA 1982). While the content of newspaper articles is hearsay and in some cases, for example, where an individual is quoted, presents a double hearsay problem, the waiver is applicable to all levels of hearsay objections. In view thereof, we have considered the statements in the newspaper articles. See Hope for Families & Community Service, Inc. v. Warren, 721 F.Supp.2d 1079, 1178 n. 114 (M.D.Ala. 2010) (consideration of content of newspaper article). Finally, respondent itself relies on the statements made in various documents, including letters and newspapers. See Cooper Hospital/University Medical Center v. Sullivan, 183 F.R.D. 119 (D.N.J. 1998) (consideration of the content of newspaper articles proper; where party itself relied upon the content of newspaper articles it waives the objection). 21 13 Cancellation No. 92046185 Amanda Blackhorse is a member of the Navajo Nation.22 She testified that she considers the term REDSKINS in respondent’s marks to be derogatory and is offended by it.23 Phillip Martin Gover is a member of the Paiute Indian Tribe of Utah.24 He testified that he perceives the terms REDSKIN and REDSKINS to be disparaging, even in connection with respondent’s services.25 Courtney Tsotigh is a member of the Kiowa Tribe of Oklahoma.26 She testified that she finds the term REDSKIN to be disparaging in any context including for an “NFL team.”27 Marcus Briggs-Cloud is a member of the Muscogee Nation of Florida.28 He testified that he finds the term REDSKINS in the registrations to be disparaging and offensive.29 Jillian Pappan testified that she is a Native American.30 She testified, inter alia, that the use of the term REDSKIN is analogous to the term “nigger,” and that people should not profit by dehumanizing Native Americans.31 Amanda Leeh Blackhorse Dep. 127:8-9, 196:13-197:3, June 22, 2011 (TTABVue 122, pp. 135, 204-05). 22 23 Blackhorse Dep. 58:15, 120:11-121:4 (TTABVue 122, pp. 66, 128-29). 24 Phillip Martin Gover Dep. 10:9-13, June 16, 2011 (TTABVue 120, p. 16). 25 Gover Dep. 91:6-92:10, 94:15, 187:1-13 (TTABVue 120, pp. 97-98, 100, 193). 26 Courtney Tsotigh Dep. 8:2-17, 146:12-21, Oct. 25, 2011 (TTABVue 115, pp. 14, 152). Tsotigh Dep. 113:12-15, 115:5-117:24, 146:22-147:7 (TTABVue 115, pp. 119, 121-23, 15253). 27 Marcus Anthony Briggs-Cloud Dep. 135:11-20 (TTABVue 110, p. 141). See also 69:1670:22, 136:8-139:7, June 23, 2011 (TTABVue 110, pp. 75-76, 109-11, 115, 120, 142-43). 28 29 Briggs-Cloud Dep. 63:16-29, 75:1-13, 103:3-105:11 (TTABVue 110, pp. 69, 81, 109-10). 14 Cancellation No. 92046185 In view of the foregoing, we find that each of the petitioners has established a real interest, a personal stake, in the outcome of this proceeding and, therefore, has standing. Respondent does not dispute the petitioners’ standing. DISPARAGEMENT CLAIM While this is the second petition asserting a claim of disparagement against the same six registrations and the parties stipulated to the same record, this proceeding presents significant differences from the first. The Harjo case asserted other claims not present here, e.g., that the Native American imagery as well as the word REDSKINS was scandalous to the general public and that the Board should, in making its decision, apply the Indian Trust Doctrine.32 The determination of the disparagement claim at issue herein requires the following two-step analysis: a. What is the meaning of the matter in question, as it appears in the marks and as those marks are used in connection with the goods and services identified in the registrations? b. Is the meaning of the marks one that may disparage Native Americans?33 30 Jillian Pappan Dep., pp. 49:4-5, 174:16-19, Aug. 11, 2011 (TTABVue 112, pp. 53, 61, 178). 31 Pappan Dep., pp. 48:24-50:6, 57:15-24, 173:9-174:4 (TTABVue 112, pp. 52-54, 61, 178). As a result, the litigation generated an expansive record encompassing broader issues. Like the dissent we acknowledge the criticisms of the District Court; however, in our review of the record we believe that the weight and relevance of certain evidence became obfuscated by the several issues raised in the Harjo case. Moreover, the hearsay objection has been waived in this proceeding, which has resulted in a qualitatively different evidentiary record for us to consider. 32 Section 2(a) prohibits registration of a mark “which may disparage … persons … or bring them into contempt, or disrepute.” As held in the prior order of May 31, 2011, “for purposes of this proceeding the guidelines for determining whether the mark is disparaging are 33 15 Cancellation No. 92046185 As confirmed by the parties at the oral hearing, it is already established that (1) this disparagement claim only pertains to the term REDSKINS34 and (2) as to “the meaning of the matter in question” “as used in connection with respondent’s services, REDSKINS clearly both refers to respondent’s professional football team and carries the allusion to Native Americans inherent in the original definition of that word.”35 Harjo v. Pro-Football, Inc., 50 USPQ2d at 1742, rev’d on other grounds, Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1249. Moreover, as to the second point, the evidence overwhelmingly supports a determination that the term REDSKINS as it appears in the marks retains the meaning Native American. Two of the registrations include Native American imagery. Registration No. 0986668 (top) and Registration No. 0987127 (bottom) are shown below. equally applicable to determining whether such matter brings persons or institutions into contempt or disrepute.” TTABVue 40, p. 4. We, therefore, use the word disparage in this case as an umbrella term for “may disparage … or bring them into contempt or disrepute.” As to the Native American imagery in two of the registrations, in the Harjo case the Board found that “petitioners have not established, under Section 2(a), that this matter may disparage Native Americans.” Harjo v. Pro-Football, Inc., 50 USPQ2d at 1743. 34 Respondent’s position that the term REDSKINS has a separate meaning as the name of a football team does not affect the first prong of the test because even as the name of the football team it retains the meaning Native American. See infra discussion of Squaw Valley, 80 USPQ2d 1264. 35 16 Cancellation No. 92046185 The image of a Native American has appeared prominently as a logo on the helmets of respondent’s Washington Redskins’ team uniforms, as demonstrated by the images below of its former players John Riggins in Super Bowl XVII in 1983 (left) and Doug Williams in Super Bowl XXII in 1988 (right). 36 37 The Washington Redskins marching band had worn Native American headdresses as part of its uniforms between the 1960s and the 1990s, as shown in the image below from the 1980s. SUPER BOWL XVII: HOG DAY AFTERNOON (NFL Films 1983), Petitioners’ Notice of Reliance, Ex. 103 (TTABVue 95, p. 70). 36 AMBUSH AT SUPER BOWL XXII (NFL Films 1988), Petitioners’ Notice of Reliance, Ex. 104 (TTABVue 95, p. 72). 37 17 Cancellation No. 92046185 38 The Redskinettes also had appeared wearing costumes suggestive of Native Americans, as shown in the 1962 photograph of them reproduced below, which contained the title “Dancing Indians” and the caption “Here are the Redskinettes all decked out in their Indian garb and carrying Burgundy and Gold pom-poms.” 39 Between 1967 and 1979, the annual Washington Redskin press guides, shown below, displayed American Indian imagery on the cover page. HAIL TO THE REDSKINS 1937-1988 (NFL Films 1988), Petitioners’ Notice of Reliance, Ex. 95 (TTABVue 95, p. 54). 38 “Dancing Indians,” Redskins (magazine), Oct. 7, 1962, at 15, Petitioners’ Notice of Reliance, Ex. 29 (TTABVue 52, p. 17). 39 18 Cancella ation No. 92046185 9 40 41 Respondent R t has made e continuou us efforts too associatee its footballl services with Native American A imagery. i As A confirme ed by the District D Cou urt: Meaning M off the Mattter In Qu uestion … “This is n not a casee where, th hrough usa age, the wo ord ‘redskin n(s)’ has loost its mean ning, in the field of professionall football, as a a refere ence to Nattive Americans in fav vor of an entirely ind dependent meaning as a the nam me of a prrofessional football te eam. Ratther, when considerred in rellation to the otherr matter co omprising at least tw wo of the su ubject marrks and as used in con nnection with w respo ondent’s services, ‘Redskinss’ clearly both reefers to re espondent’’s professio onal football team and carriees the allu usion to Native N Ame ericans inh herent in th he originall definition n of that woord.” Id. Based B on the t record d before th he TTAB, the Courrt finds th hat this co onclusion is i supporte ed by subsstantial ev vidence. Pr Pro-Football, Inc. v. Harjo, H 68 USPQ2d U at 1248-1249 9 quoting H Harjo v. Prro-Football,, Inc., 50 USPQ2d U at 1742. 40 1967 Redskins R Prress Guide, Petitioners’ P Notice of R Reliance, Ex x. 29 (TTABV Vue 54, p. 2 28). 41 1979 Redskins R Prress Guide, Petitioners’ P Notice of R Reliance, Ex x. 29 (TTABV Vue 74, p. 2 21). 19 Cancellation No. 92046185 The term REDSKINS in the registered marks when used in connection with professional football retains the meaning Native Americans. Thus, the first prong of the test, “what is the meaning of the matter” is established. The only issue left for decision is the second question in the disparagement test (was the meaning of the marks, at the times of the registrations, one that may have disparaged Native Americans?) as it pertains to the term REDSKINS.42 Having narrowed the issue to be determined, it is now necessary to understand what type of disparagement case the facts of this limited case present. We must make our determination in the context of a respondent’s goods or services. Such context can: (1) turn an innocuous term into a disparaging one, see In re Lebanese Arak Corp., 94 USPQ2d 1215, 1223 (TTAB 2010) (likely meaning of KHORAN is the Islamic holy text and use for wine disparages religion and beliefs of Muslim Americans); see also Doughboy Industries, Inc. v. The Reese Chemical Co., 88 USPQ 227 (Exm’r in Chief 1951) (Doughboy refers to World War I In the Harjo case, on appeal, the District Court noted its concern about the breadth of the issues presented noting: “Under the broad sweep of the TTAB's logic, no professional sports team that uses Native American imagery would be permitted to keep their trademarks if the team's fans or the media took any action or made any remark that could be construed as insulting to Native Americans. The Court cannot accept such an expansive doctrine; particularly when premised on a finding that is not supported by any substantial evidence. ... This is undoubtedly a ‘test case’ that seeks to use federal trademark litigation to obtain social goals.” Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1254, 1262. In contrast, this case presents a much narrower issue and pertains only to the word REDSKINS. With regard to the District Court’s observation about “social goals,” the underlying purpose of this portion of the Trademark Act is, in effect, a social goal as legislated by Congress, to keep matter that would disparage others off of the register. The statutory requirement to remove disparaging matter from the register is not obfuscated in the present case by peripheral issues. 42 20 Cancellation No. 92046185 American soldier as reinforced by picture of soldier on packaging and use on “a prophylactic preparation for the prevention of venereal diseases” disparages the soldiers); or (2) strip the disparaging meaning from an otherwise disparaging term, see Squaw Valley, 80 USPQ2d 1264, 1267 (SQUAW when used with ski-related goods means only the geographic location Squaw Valley ski resort and does not retain the meaning Native American woman under the first part of the test, and, as such is not disparaging; but as to non-ski-related goods and services the meaning remains Native American woman, i.e., the goods and services did not change the meaning, and the evidence was sufficient to support the second prong of the test that the term is considered disparaging as the term is used in connection with the identified goods or services); or (3) have no effect on a term’s disparaging meaning, see Heeb Media, 89 USPQ2d 1071, 1077 (applicant’s good intent and inoffensive goods and services do not obviate finding that HEEB is disparaging in context of the goods and services; and disagreement within the referenced group does not erase the perception of those who find it disparaging).43 There is no case in our review where a term found to be a racial slur in general was found not to be disparaging when used in the context of specific services. The District Court in Harjo noted that “[t]he ultimate legal inquiry is whether the six trademarks at issue may disparage Native Americans when used in connection with Pro-Football’s services and during the relevant time frame . . . [t]he ultimate legal inquiry is not whether the term ‘redskins’ is a pejorative term for Native Americans.” Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1252. This does not mean that if the record shows that the term is pejorative, or a racial slur, that such a showing could not add to the evidence supporting a finding that a substantial composite of the referenced group find it disparaging, even when used solely with the recited services. Moreover, if a term is found to be a racial slur, then it may be 43 21 Cancellation No. 92046185 possible to find the term disparaging in the context of the specific services without evidence as to the specific services. In Squaw Valley, in making a determination regarding the second prong of the disparagement test, the Board relied on evidence that showed the “opinions of Native Americans regarding the term are not limited to particular contexts.” Squaw Valley, 80 USPQ2d at 1276. Thus, if it is shown that a term is generally disparaging, e.g., a racial slur, in any context, that includes the specific context of the subject goods or services, and to that extent the comment by the District Court as to the ultimate legal determination does not limit the avenues by which a deciding court or tribunal arrives there. See Heeb, 89 USPQ2d at 1077 (“[A] term is considered to be disparaging by a substantial composite of the referenced group, regardless of context, including in connection with applicant’s identified goods and services.”) As noted by the Board in Squaw Valley, in the context of an ex parte proceeding we are by necessity limited to inferential evidence. In the context of an inter partes proceeding, the parties are not so limited and may present direct evidence, but that does not render indirect evidence non probative. In particular, with a claim of disparagement of a referenced group brought by individuals, the individual plaintiffs may testify as to their perceptions regarding a term and the context of the specific services, but to prove it is disparaging to a substantial composite of the group, more general evidence can be probative. The hypothetical evidentiary dilemma posed by the Board in Squaw Valley, the difficulty of finding statements about use in connection with paperclips, is also applicable to the inter partes context. Squaw Valley, 80 USPQ2d at 1277 n. 9. Thus, just as in an ex parte context where a term may be found to be generally disparaging in any context and prohibited from registration for a specific context, even absent evidence of the referenced group making a statement as to that specific context, such an evidentiary record may also be sufficient in an inter partes case. Respondent’s expert, Dr. Ronald Butters (discussed infra), sheds some light on this issue. On the one hand he testifies that disparagement is tied to intent when considering the term redskins, which includes the context of use, but that the word nigger is inherently disparaging regardless of context and presumably intent. Butters Dep. pp. 279:19-25 – 280:2-22 (TTABVue 163, p. 92) (Q. Sir, let’s talk for a moment about your views as to the meaning of the word disparaging. Is it your testimony that disparaging means – excuse me, includes an intent to belittle or to demean? A. That is correct. Q. So there’s some intentionality involved in the word disparaging: A. Yes. Q. And that refers to the intention of the speaker? A. Yes. Q. You also testify, sir, that the word nigger is a disparaging word; is that correct? A. Yes. Q. The word nigger itself has no intentions, correct? A. Correct. Q. The word itself has no ability to form any intentions; is that correct? A. Of course. Q. Yet you say that the word itself is disparaging; is that correct? A. The word nigger is a disparaging word in the English language, yes.”). Thus, if the evidence regarding the inherent nature of the term is strong (or as Mr. Barnhart, respondent’s other expert discussed infra, explains that while no word is intrinsically offensive, overwhelming offensive usage would merit a usage label, Barnhart Dep. p. 44, (TTABVue 159, p. 47)), that would be probative of disparagement in any context to the perception of the referenced group within the context of the specific services without direct evidence. 22 Cancellation No. 92046185 Here, petitioners assert that REDSKINS is a racial slur, thus the facts do not present the Doughboy case because it is not allegedly an innocent term where the nature of the goods or services renders the mark disparaging. The facts also do not fall within the part of the Squaw Valley case where the Board reversed the refusal as to the ski-related gear because it did not pass the first prong of the test inasmuch as the word lost its allusion to Native American women when used in the ski context due to the geographic location called “Squaw Valley” and the well-known ski resort located there. Here, it is conceded by the parties and established by the record that the term REDSKINS retains its meaning “Native American” even when used with respondent’s services. Turning back, then, to the issue in this case, namely, whether the term REDSKINS was disparaging at the time of registration, the services do not have an effect on the meaning of the term, i.e., the first prong. The question is only as to the second prong, whether the term is disparaging. The facts of this case demonstrate the type of disparagement presented in Heeb and the non-ski-related goods and services portion of Squaw Valley. In other words, respondent’s alleged honorable intent and manner of use of the term do not contribute to the determination of whether a substantial composite of the referenced group found REDSKINS to be a disparaging term in the context of respondent’s services during the time period 1967-1990, because the services have not removed the Native American meaning from the term and intent does not affect the second prong. If it is found to be 23 Cancellation No. 92046185 disparaging during the relevant time period, then the Trademark Act mandates removal from the register.44 In presenting their case, petitioners laid out two categories of evidence to prove that the term REDSKINS, even when considered solely as used with football and cheerleading services, was disparaging during the relevant time periods: (1) a general analysis of the word; and (2) the specific views of the referenced group. In some instances these two types of evidence intersect. As noted above, the prior Harjo case encompassed more issues as reflected by the pleadings and illustrated by the voluminous and wide-ranging record. We only focus on the evidence that most directly reflects the sentiments of Native Americans. In particular, concerning the general analysis of the word, we focus on the testimony and reports provided by the parties’ respective experts, dictionary definitions and reference books. For the specific views of Native Americans, we focus on the National Congress of American Indians’ (“NCAI”) 1993 Resolution 9311, the deposition of NCAI Executive Director, Ms. JoAnn Chase, the deposition of Harold Martin Gross, and various newspaper articles, reports, official records and letters. Expert Reports Dr. Geoffrey Nunberg served as petitioners’ expert witness in linguistics, specializing in lexical semantics (“the study of the use of words and lexicography”).45 As noted above, the Board’s jurisdiction is limited to the question of registrability. The Board does not have the power to enjoin use. 44 24 Cancellation No. 92046185 Dr. Ronald R. Butters served as respondent’s linguistic expert witness,46 specifically tasked by respondent to research “the evolving history of the meaning of the term redskin in American English.”47 David K. Barnhart was respondent’s expert witness in lexicography, whom respondent asked to evaluate “the term redskins in the current American usage, particularly in the context of sports.”48 The record establishes that each of these witnesses is qualified to testify regarding the term “redskin” within the context of their specialties.49 Geoffrey Nunberg earned a Ph.D. in linguistics from City University of New York, served as a Consulting Professor of Linguistics at Stanford University and a principal scientist at Xerox Palo Alto Research Center, and served as an editor and chair of the usage panel for the American Heritage Dictionary. Geoffrey D. Nunberg Dep. 229:15-25, 230:8-12, Feb. 18, 1997 (“Nunberg 2/18/97 Dep.”) (TTABVue 81, pp. 122-23); Nunberg Dep. Ex. 32 (TTABVue 108, pp. 95, 99). Dr. Butters, respondent’s expert witness, opined that Dr. Nunberg has a good reputation and is an expert in the field of linguistics. Butters Dep. 73:-74:, Dec. 20, 1996 (TTABVue 163, p. 23). 45 Ronald R. Butters earned a Ph.D. in English with a concentration in linguistics, served as Professor of English at Duke University and co-chaired its linguistics program, and served as chief editor of American Dialect Society publications. Ronald R. Butters Dep. 8:22-25, 9:22-23, 10:13-25, Dec. 20, 1996 (“Butters 1996 Dep.”) (TTABVue 163, pp. 6, 7); Butters Dep. Ex. 1 (TTABVue 164, p. 4). 46 47 Butters 1996 Dep. 23:10-14 (TTABVue 163, p. 10). David K. Barnhart Dep. 5:11-12, 24:5-9 (TTABVue 159, pp. 8, 27); Barnhart Dep. Ex. 2 (TTABVue 162, p. 14). Mr. Barnhart was a general editor at Clarence L. Barnhart, Inc., a “small dictionary house” between 1966 and 1980, and at the time of his deposition, was the founder and owner of Lexik House Publishing, a publisher of the Barnhart Dictionary Companion, “a quarterly journal that updates dictionaries.” Barnhart Dep. 13:1-14:14, 20:25-21:20) (TTABVue 159, pp. 16, 23-24); Barnhart Dep. Ex. 2 (TTABVue 162, p. 14). Mr. Barnhart did not survey or evaluate Native Americans’ reaction to the use of the term “redskins.” His research “involved more general English usage than targeting a particular ethnic group.” Barnhart Dep. 62:10-25 (TTABVue 159, p. 65). 48 None of the experts specifically researched Native American viewpoint of the word “redskin(s)” in connection with football-related services during any time period. 49 25 Cancellation No. 92046185 We focus on those parts of the expert reports and testimony concerning the derivation of the word redskin(s), dictionary usage labels and usage of the term “redskin(s)” over the years in various media.50 1. Derivation of the Word “Redskin(s)” as Reference to Native Americans Mr. Barnhart explains that “[t]he original (or core) meaning of the word redskin identifies the race of people found by colonizing Europeans in the 16th and 17th Centuries.”51 In his report Mr. Barnhart confirms that “redskin(s)” as an ethnic term refers to skin color: It is reasonable to expect people upon encountering something new to use a term which bears on its use, size, appearance or other characteristic feature. The word red appears in a large number of terms in English. It should be noted that there is another meaning for redskin descriptive of a variety of potato. In the case of the potato it is because of its color. In the case of the people living in North America Mr. Barnhart and Dr. Butters offered conclusions that the term “redskin(s)” has taken on a secondary meaning as the name of respondent’s team. See Barnhart Dep. Exh. 3 (TTABVue 162 pp. 18-19) (“There is ample evidence to support the position that Redskins has acquired secondary meaning in the context of sports. . . . The collected evidence indicates that the use of the term redskin in the context of sports is overwhelmingly more significant that [sic] the use of the term in its core meaning. . . . It is my conclusion based on the examination of evidence of usage consistent with the practice of lexicography and linguistics that the term Redskins as used by the Washington Redskins has acquired secondary meaning separate from the usage associated with the North American Indians.”) See also Butters 1996 Dep., pp. 23-24 (TTABVue 163, 10) (“I think the major change began with the inception of the Washington Redskins football team in the 1930s. As that team evolved and as professional football grew more and more popular and influential in American popular culture, the term Washington Redskins, in general the larger term Washington Redskins, and then more particularly the shortening of Washington Redskins to Redskins began to take on a meaning of its own identified with the football team. So that this secondary meaning became a very important meaning for the term itself.”) However, this evidence goes to the first prong of the test where it is found and conceded that the asserted “secondary meaning” retains the “core meaning” Native American. Because REDSKINS used in connection with respondent’s services while meaning a football team, retains its “core meaning” identifying a “race of people,” the meanings are not legally separate for the purposes of determining disparagement under Section 2(a). 50 51 Barnhart Expert Report (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, p. 18). 26 Cancellation No. 92046185 upon the arrival of Europeans it was likewise based upon appearance. . . . In recent years the sensitivities of these people have caused some speakers of English to adjust their usage of some of these terms accordingly. . . . The naturalness of the construction of the word redskin is underscored by the presence in the language of other terms with reference to color in describing the appearance of a person’s skin. Blue skin is a 19th Century term used to describe blacks. See for instance Grose 1796 edition where he defines blue skin as “a person begotten of a black woman by a white man. One of the blue squadron; any one having a cross of the black breed, or, as it is termed, a lick of the tar brush.” . . . Another example of this genre is darkskin for a black. Still other examples include yellow-skin for an Asian, blackskinned and brown-skinned for blacks.52 In extrapolating on the concept of the use of skin color in language Mr. Barnhart testifies as follows: Q. Do you know the word darky? A. Yes. Q Is that word natural in its construction insofar as it applies to complexion? A. Yes. Q. Is it offensive to African-Americans? A. It can be. Q. Is it derogatory? A. Depending on the context, yes. But I haven’t evaluated the context of darky particularly, so I would want to see some more examples and evaluate what evidence I could accumulate, yes.53 The record includes two works by Irving Lewis Allen who Dr. Butters testifies is a sociologist “who has given some thought to language” and is “certainly a 52 Barnhart Expert Report (TTABVue 162, p. 21). 53 Barnhart Dep. pp. 71-72 (TTABVue 159, pp. 74-75). 27 Cancellation No. 92046185 respectable scholar.”54 We particularly point to the following excerpt from his book Unkind Words: Ethnic Labeling from Redskin to WASP (Bergin & Garvey 1990) p. 18: Nearly half of all interracial slurs ...refer to real or imagined physical differences. ... Most references to physical differences are to skin color, which affirms what we have always known about the significance of color in human relations. Asian groups were called yellow this and that and Native Americans were called redskins, red men, and red devils.55 2. Dictionary Usage Labels for “Redskin” Entries The record includes several dictionary definitions (submitted separately or within the contexts of the expert reports) published during the relevant time frame of 1967 through 1990. A representative sample is set forth below: a. RANDOM HOUSE DICTIONARY OF THE ENGLISH LANGUAGE 1204 (1967):56 redskin n. Often Offensive. a North American Indian. RANDOM HOUSE DICTIONARY OF THE ENGLISH LANGUAGE 1204 (1973):57 redskin n. Often Offensive. a North American Indian. RANDOM HOUSE DICTIONARY OF THE ENGLISH LANGUAGE 1618 (2d ed. 1987):58 redskin n. Slang (often disparaging and offensive). a North American Indian. 54 Butters 1996 Dep. 72:15-23, Dec. 20, 1996 (TTABVue 163, p. 22). Irving Lewis Allen, Unkind Words: Ethnic Labeling From Redskin To Wasp (Bergin & Garvey 1990), Petitioners’ Notice of Reliance, Ex. 57 (TTABVue 87 p. 20). See also Allen, Irving Lewis, The Language of Ethnic Conflict Social Organization and Lexical Culture (Columbia University Press 1983) p. 51 (Redskin listed as an ethnic epithet for Native American) Petitioners’ Notice of Reliance Ex. 1 (TTABVue 63, p. 41). 55 56 Petitioners’ Notice of Reliance, Ex. 1 (TTABVue 62, p. 171). 57 Petitioners’ Notice of Reliance, Ex. 1 (TTABVue 63, p. 11). 58 Petitioners’ Notice of Reliance, Ex. 1 (TTABVue 63, p. 48). 28 Cancellation No. 92046185 b. HBJ SCHOOL DICTIONARY (1977):59 redskin n. A North American Indian. c. WEBSTER’S NEW TWENTIETH CENTURY DICTIONARY OF THE ENGLISH LANGUAGE UNABRIDGED 1513 (2d ed. 1977):60 red’skin, n. a North American Indian; so called from the reddish or coppery color of the skin. c. WORLD BOOK DICTIONARY, VOL. 2 1752 (1979):61 redskin (red’skin’), n., adj. North American Indian: We have had more difficulty with white desperadoes than with redskins (Theodore Roosevelt). d. OXFORD AMERICAN DICTIONARY 564 (1980):62 redskin n. (contemptuous) a North American Indian. e. OXFORD ENGLISH DICTIONARY 429 (2d ed. 1989):63 redskin. Also red-skin [See RED a. 5c.] 1. A North American Indian. (Not the preferred term.). We further note the earliest restrictive usage label in dictionary definitions in Mr. Barnhart’s report dates back to 1966 from the Random House Unabridged First Edition indicating REDSKIN is “Often Offensive.” From 1986 on, all of the entries presented by Mr. Barnhart include restrictive usage labels ranging from “not the preferred term” to “often disparaging and offensive.”64 All of the experts referenced, either by testimony or in their expert reports, the seminal work in lexicography, Dictionaries: The Art and Craft of Lexicography, 59 Nunberg Dep. Ex. 9 (TTABVue 83, p. 103). 60 Nunberg Dep. Ex. 14 (emphasis in original) (TTABVue 83, p. 118). 61 Nunberg Dep. Ex. 13 (emphasis in original) (TTABVue 83, p. 116). 62 Petitioners’ Notice of Reliance, Ex. 1 (TTABVue 63, p. 18). 63 Petitioners’ Notice of Reliance, Ex. 1 (emphasis in original) (TTABVue 63, p. 57). 64 Barnhart Expert Report (June 8, 1996), Barnhart Dep. Exh. 3 (TTABVue 162, p. 27). 29 Cancellation No. 92046185 written by Sydney I. Landau and first published in 1984.65 Mr. Barnhart, the lexicographer, explained that usage labels are a “[r]eflection of the opinion of the editor in chief … But some people that are in lexicography have been known to be less stalwart and have caved into suggestions from non-editorial sources.”66 He explains that “unlabeled terms are standard and labeled terms are labeled for some particular character.”67 Mr. Barnhart explained that the “basic and longstanding practice in lexicography which deals with noteworthy ranges of usage of any given entry term is to label those instances of terms when the usage deviates from ‘Standard English.’ ”68 According to Mr. Barnhart, a term is generally “assumed to be ‘Standard’ if it is unlabeled.”69 However, there are times when a word “is worthy of special attention, a label (usually in italic type) is included in the entry.”70 Mr. Barnhart explains that there is no standardized method in the field of lexicography regarding restrictive usage labeling. See Barnhart Expert Report pp. 9, 18-19 (unnumbered) (quoting Sydney Landau, Dictionaries: The Art & Craft of Lexicography (1984)), Barnhart Dep. Ex. 3 (TTABVue 162, pp. 26, 35-36); Butters Expert Report 5-6, 16 (June 7, 1996) (citing Sydney Landau, Dictionaries: The Art & Craft of Lexicography (1984)), Respondent’s Notice of Reliance, Ex. 9 (TTABVue 129, pp. 41-42, 52); Nunberg 2/18/97 Dep. 331:13-332:25 (TTABVue 81, pp. 224-25). 65 66 Barnhart Dep. p. 22, (TTABVue 159 p. 25). 67 Barnhart Dep. p. 45 (TTABVue 159 p. 48. Barnhart Expert Report 8 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, p. 25). Barnhart stated that “Standard English” is basically English that “is acceptable in business, normal communications between people, that is, everyday conversation, letter writing, telephone conversation where no particular special connotation is associated . . . in the context under consideration.” Barnhart Dep. 36:17-23 (TTABVue 159, p. 39). 68 69 Barnhart Expert Report 8 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, p. 25). 70 Id. 30 Cancellation No. 92046185 There are no agreed upon criteria for finding some usages vulgarly offensive or contemptuous or abusive. There are few studies that shed any light on the degree of offensiveness of specified terms under specified conditions.71 Each expert points to the influence of outside forces, or “pressure groups” on the adoption of usage labels by dictionary editors. For example, Dr. Butters testifies that sociologists, historians, and anthropologists applied “sociopolitical pressure” regarding the use of the term “redskin” on dictionary editors and “that any dictionary that labels redskin as a derogatory term is doing so, at least indirectly, as a result of, at least in large part, sociopolitical pressure.”72 This phenomenon is also recognized in the reference works relied on by the experts.73 As part of his research, Mr. Barnhart reviewed dictionary entries for the term “redskin” between 1859 and 1992. He found no restrictive usage labels for the term “redskin” in any dictionaries prior to 1965.74 Beginning in 1966 Mr. Barnhart’s reviewed dictionary entries start to include usage labels indicating the term is offensive. See Random House Unabridged (1st ed. 1966). From that time on, more publishers include such labels at an increasing rate. By 1983, all of Mr. Barnhart’s Barnhart Expert Report 9 (unnumbered) (quoting Sydney I. Landau, Dictionaries: The Art and Craft of Lexicography (1984)), Barnhart Dep. Ex. 3 (TTABVue 162, pp. 26). 71 Butters 1996 Dep. 61:7-11, 63:22-64:2 (TTABVue 163, p. 20); Butters Expert Report p. 5 citing Sydney I. Landau, Dictionaries: The Art and Craft of Lexicography (1984) (TTABVue 162 p. 69) (“In addition, what constitutes a significant-enough semantic change to warrant the revision of a dictionary entry is often a judgment call, one which is furthermore highly subject to overt and covert sociopolitical pressures, especially where possible changes in connotation and usage are concerned.”) 72 73 Butters Dep. pp. 61-64 (TTABVue 163, p. 20). Barnhart Expert Report 9-11 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, pp. 2628). Mr. Barnhart reviewed twenty dictionaries published between 1946 and 1964. Id. 74 31 Cancellation No. 92046185 examples include a usage label indicating it is offensive.75 Mr. Barnhart’s conclusion only references labels that use the word disparaging: Since 1966, the labeling of the term has been erratic at worst and inconsistent at best. Of the twenty-eight dictionaries consulted which appeared between 1966 and 1992, ten editors reported the term as “standard English”. Only two dictionaries have identified the term redskin as “disparaging”.76 However, we consider the usage labels that employ the term “offensive” also to support the legal conclusion under Section 2(a) that a term is “disparaging.” Therefore, Mr. Barnhart’s conclusion is based on too narrow a construction because he views the label “disparaging” as requiring intent.77 As noted above, for the purposes of our legal review intent does not figure into the equation. More significantly, we disagree that the labeling is erratic and inconsistent. Rather it The report includes a listing for Thorndike-Barnhart Dictionaries that indicates that their World Book Dictionary “1969-1992” had no label but their Intermediate Dictionary included a label starting in 1974. It is unclear which specific years the World Book Dictionary was actually published or if the range of years simply indicates the time period before a next edition issued and we do not include that reference in our calculation. The 1989 Oxford English Dictionary has the usage label “not the preferred term”; however, the 1980 Oxford American Dictionary includes the more direct usage label “contemptuous.” We include “not the preferred term” in the category of restricted usage, but also find this dictionary less probative than the one directed specifically to American usage. 75 76 Id. at 30. “When labeling a word as disparaging, lexicographers are trying to determine the speaker’s intent, and when labeling a word as offensive, they are assessing a hearer’s response to it.” Barnhart Expert Report (quoting John McCluskey, Dictionaries and Labeling of Words Offensive to Groups With Particular Attention to the Second Edition of the OED, 11 Dictionaries: J. of the Dictionary Soc’y of N. Am. 119 (1989), Barnhart Dep Ex. 3 (TTABVue 162, p. 26). See also Barnhart Dep. pp. 51-52 (TTABVue 159, pp. 54-55) (“Offense is something – disparaging and derogatory tend to refer to the speaker and to the mental baggage that person is carrying along with him. Offensive tends to refer to the hearer and the mental baggage that person is carrying along with him. By ‘mental baggage’, I mean their experience with the language and how they use it and how they feel about it.”) 77 32 Cancellation No. 92046185 shows a clear trend beginning in 1966 to label this term as offensive and by 1986 the dictionaries are unanimous. Mr. Barnhart also found that among dictionary editors’ labels “there has been a sensitivity to how people react to that term [redskin] now.”78 In his expert report, Mr. Barnhart made the following conclusion based on his evaluation of the term “redskin” as it appears in various dictionary entries during the relevant time frame: [T]he use of the term redskin, in its core meaning and as recorded in dictionaries, is usually recognized among lexicographers as ‘Standard English’ which means that it is acceptable in both formal and informal speech or writing of educated people.79 This conclusion stands in contrast to the trend in usage labels during the relevant time period discussed above and the severe drop-off in usage discussed below. It is also contradicted by his statement in the same report that: The record of dictionary editors’ opinions as reflected in the labeling of usage for the term redskin suggests that during the latter third of this century there has developed some change in the perceived usage of the term.80 We further note Mr. Barnhart is addressing usage by the general population and not from the viewpoint of Native Americans. In his expert report, Dr. Butters opined that “sporadic labeling of redskin as ‘offensive’ is of dubious value in assessing the tone and full meaning of redskin(s) in 78 Barnhart Dep. 63:5-5 (TTABVue 159, p. 66). 79 Barnhart Expert Report 14 (unnumbered), Barnhart Dep., Ex. 3 (TTABVue 162, p. 31). Barnhart Expert Report 8 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, p. 25) (emphasis in the original). 80 33 Cancellation No. 92046185 past and present American culture.”81 Dr. Butter’s ultimate conclusion is of limited probative value in that it pertains to general “American culture” rather than to the Native American viewpoint. In 1996, Dr. Butters testified as to the following: In the last 10 or 15 years, one begins to see in dictionaries the—in some dictionaries the labeling of the term redskin as sometimes offensive. One also begins to see in very recent years references to the use of the term redskin as a possibly offensive term. So that there is this, what I would say—my conclusion is a very recent incipient change.82 This statement recognizes the trend in usage labels during a portion of the relevant time period. 3. Use of the term Redskins in Various Media The record shows wide usage of the term in various media prior to the late sixties and very sporadic usage thereafter. A few examples are set forth below: Merrit Meets the Enemy. Victory over our Frontier Foes. ThirtySeven Redskins Sent to the Happy Hunting Grounds. The Indian Problem Reaching a Conclusion. Rocky Mountain News (October 8, 1879);83 And excited by firewater they dug up their rusty hatchets and prepared for blood and thunder. ‘Ugh,’ said every greasy redskin … Rocky Mountain News (November 19, 1890);84 “Fort Wicked” Too Tough for Redskins . . . Headline from Rocky Mountain News (October 21, 1931);85 81 Butters Expert Report 4, Respondent’s Notice of Reliance, Ex. 9 (TTABVue 129, p.40). 82 Butters 1996 Dep. 24:11-18 (TTABVue 163, p. 10). 83 Nunberg Expert Disclosure p. 8 (TTABVue 83, p. 67). 84 Id. 85 Nunberg Expert Disclosure p. 9 (TTABVue 83, p. 68). 34 Cancellation No. 92046185 “Good luck, get a redskin for me.” Northwest Passage;86 Excerpt from the 1940 movie “There is reason in her words!” at length broke from his compressed and trembling lips; “ay, and they bear the spirit of Christianity; what might be right and proper in a redskin, may be sinful in a man who has not even a cross in blood to plead for his ignorance.”87 Indian Fights on the Texas Frontier: A True Account of the Last Exciting Encounters with Redskins in Hamilton, Comanche, Brown, Erath and Adjoining Counties (Fort Worth: Pioneer Pub. Co. 1927); Fighting Rebels and Redskins: Experiences in Army Life of Colonel George B. Sanford, 1861-1892 (Univ. of Oklahoma Press 1969); Bluecoats and Redskins: The United States Army and the Indian 18661891 (London: Cassall, 1975); Flashman and the Redskins (New York: Knopf/Random House 1982).88 Dr. Nunberg conducted several searches of an electronic database featuring articles from major newspapers and magazines published between approximately 1975 through 1989 to glean information about use of the word “redskins” in the context of Native Americans.89 According to Dr. Nunberg, “newspapers and television use have a particular influence on the way words are used and [help] shape the general impressions of the meanings of those [words].”90 86 Id. Barnhart Expert Report (TTABVue 162, p. 24) (quoting a 1979 edition of James Fenimore Cooper’s The Last of the Mohicans. This book was first published in 1846). See Butters Expert Report p. 7 (TTABVue 129, p. 43). 87 Butters Expert Report (TTABVue 129, p. 45). These are titles of various books referenced by Dr. Butters. We note the publisher of the last title in 1982, Random House, since 1966 has included the usage label “often offensive” in its dictionaries. See Barnhart Report (TTABVue 162, p. 27). 88 Nunberg 1996 Dep. 6:2-21, 149:11-12, 151:18-20 (TTABVue 98, p. 133, TTABVue 99, pp. 101, 103); Nunberg 2/18/97 Dep. 305:10-306:8 (TTABVue 81, pp. 198-99). 89 90 Nunberg 2/18/97 Dep. 275:1-4 (alteration added) (TTABVue 81, p. 168). 35 Cancellation No. 92046185 Dr. Nunberg reported that the database search results showed 136,473 instances of “redskin,” “redskins,” and other words beginning with “redskin,” such as “redskinnettes,” with the “vast majority” involving references to the Washington Redskins.91 Dr. Nunberg then conducted a focused search, filtering out terms such as “team,” “sport,” “Redskin Park,” “football,” “game,” “fan,” and “ticket,” to yield results of those instances when the word “redskin” was used to refer to a Native American person.92 This search resulted in approximately 300 references, although some of these still referred to the Washington Redskins, potatoes and peaches.93 Dr. Nunberg reviewed the focused search results by hand and found “71 distinct stories in which the word was used to refer to Indians.”94 According to Dr. Nunberg, none of these 71 occurrences demonstrated use of “redskin” as a standard term to refer to a Native American,95 indicating that “the word is not a ‘neutral synonym’ for Indian”96 Of those occurrences, many examples use the term in the context of racial slurs or discrimination, for example: Nunberg 2/18/97 Dep. 305:17-24 (TTABVue 81, p. 198); see Nunberg 1996 Dep. 150:21151:1 (TTABVue 99, pp. 102-03). 91 Nunberg 1996 Dep. 151:17-152:8 (TTABVue 99, pp. 103-04); Nunberg 2/18/97 Dep. 305:25-306:25 (TTABVue 81, pp. 198-99). 92 Nunberg 1996 Dep. 152:9-14 (TTABVue 99, 104); Nunberg 2/18/97 Dep. 305:25-306:8, 307:1-2 (TTABVue 81, 198-200). 93 Nunberg 2/18/97 Dep. 307:3-8 (TTABVue 81, p. 200); see Nunberg 1996 Dep. 153:23154:16 (TTABVue 99, pp. 105-06). 94 95 Nunberg 1996 Dep. 156:3 (TTABVue 99, p. 108). Nunberg Report p. 2 (TTABVue 83, p. 84). See also Nunberg Dep. p. 305-310, 314:16-21 (TTABVue 81, p. 198-203, 207). 96 36 Cancellation No. 92046185 If Mr. Liles went back in history to when the 13 colonies were being organized, he would have seen that “redskin” was not used to convey respect, adulation or honor.97 A man who resigned from the Pulaski County sheriff’s office because of alleged harassment as an American Indian has won $24,727 in a race discrimination lawsuit. . . . He said he was called “chief,” “Indian Joe” and “redskin.”98 More significant than the relatively small number of uses as a reference to Native Americans, and many of those in the context of racial slurs, is the relative absence of use of the term to describe a person. Dr. Nunberg found it significant that this search yielded so few results showing the term “redskin” as a reference to a Native American: There were in this database over 74,000 instances of the phrase ‘American Indian’ or ‘American Indians.’ And over 73,000 instances to the phrase ‘Native Americans,’ a disproportion of about 2,000 to 1 which suggests that the use of ‘redskin’ to refer to Indian is extremely rare in this database which suggests some reason for avoiding the term since it is, in fact, a commonly used term, for example, in the cinema and historical sources.99 Respondent objects to Dr. Nunberg’s opinion as irrelevant because it is lacking in scientific basis. However, we do not rely on Dr. Nunberg’s ultimate opinions and conclusions regarding the word “redskins,” rather we look to the underlying data that is not in dispute which undeniably shows a drop-off in usage. This is corroborated by respondent’s expert, Mr. Barnhart who conducted a similar electronic database search, discussed infra. As to the data, respondent’s objection 97 Id. at 3 (TTABVue 83, p. 85). 98 Id. at 5 (TTABVue 83, p. 86). 99 Nunberg 2/18/97 Dep. 307:18-308:2 (TTABVue 81, pp. 200-01). 37 Cancellation No. 92046185 that the “uses that date from outside the pertinent time periods [are irrelevant] and are not reflective of Native Americans’ viewpoints,” is overruled.100 As noted above, the search encompasses the relevant time period, and is relevant in correlation to objection to use of this term by Native Americans. Mr. Barnhart conducted a similar search using a Nexis electronic database group file featuring major newspapers, magazines and journals published between 1969 and 1996.101 He found that the term “redskin” or “redskins” appeared in 143,920 articles at least once.102 Similar to Dr. Nunberg’s initial search results, Mr. Barnhart reported that the results of his “redskin” database search were “overwhelming to be in the context of sports,” with less than two percent of the results referring to Native Americans.103 Mr. Barnhart would not draw any inferences about the infrequency in which the term “redskin” or “redskins” was used to refer to Native Americans. He testified that it was not what he was asked to do and it would be a significantly greater project to determine whether there is any significance to the lack of occurrences.104 However, in his report he did, in fact, draw conclusions, when he concluded that the term REDSKIN “is acceptable in both formal and informal speech or writing of 100 Pet’rs’ Br. p. 18. Barnhart Expert Report 3, 18 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, pp. 20, 35). 101 Barnhart Dep. 64:13 (TTABVue 159, p. 67); Barnhart Expert Report 3, 12 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, pp. 20, 29). 102 Barnhart Expert Report 12 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 161, p. 29); see Barnhart Dep. 69:5-8; 117 (TTABVue 159, p. 72, 120). 103 104 Barnhart Dep. 67:15-70:6 (TTABVue 159, pp. 70-73). 38 Cancellation No. 92046185 educated people.”105 The conclusion he drew was that its absence from the database references somehow supports, or at least does not refute, his finding that the term is part of standard English and acceptable for formal and informal speech or writing. Such a conclusion stands in contradiction to the stark drop off in usage as shown by Dr. Nunberg’s research and supported by Mr. Barnhart’s own research which shows, inter alia, use of the term in many literary sources until 1969 where his search of the Nexis database spanning the years 1969-1996 reveals only 2 percent of the appearances of “redskin(s)” related to “Amerindians” (96 percent referenced respondent’s team and 2 percent referenced Miami University’s former team name), and the addition of the usage labels in the dictionaries during the same time period. Mr. Barnhart confirms that for the last thirty years (from 1967 to 1997 the date of the deposition) “the overwhelming context in which the term redskins is used in general literature” is in a sports context.106 To the extent respondent relies on this data to show that because it is printed in newspapers reporting on the professional football team by that name it is not disparaging in that context, Mr. Barnhart testified that his report is not based on Native American response to the term in this context, therefore, we cannot rely on this data to make such a finding or to even raise doubt about other findings, regarding the viewpoint of Native Americans. Mr. Barnhart testifies that while the term “redskin(s)” was not disparaging “as applied to American Indian persons” in 1967-1985 it might have been 105 Barnhart Expert Report (TTABVue 162, p. 31). 106 Barnhart 1997 Dep. p. 162 (TTABVue 161, p. 10). 39 Cancellation No. 92046185 offensive.107 As noted above, Mr. Barnhart attaches intent of the speaker to the word disparaging and his view of offensive is more in line with the meaning of disparaging in the context of Section 2(a). NCAI Resolution The Executive Council of the National Congress of American Indians (“NCAI”), “the oldest and largest intertribal organization nationwide representative of and advocate for national, regional, and local tribal concerns,” passed a resolution in 1993, entitled the “Resolution in Support of the Petition for Cancellation of the Registered Services Marks of the Washington Redskins AKA Pro-Football Inc.”108 The resolution includes in pertinent part the following: NCAI is the oldest and largest intertribal organization nationwide representative of and advocate for national, regional, and local tribal concerns; . . . . [T]he term REDSKINS is not and has never been one of honor or respect, but instead, it has always been and continues to be a pejorative, derogatory, denigrating, offensive, scandalous, contemptuous, disreputable, disparaging and racist designation for Native American’s [sic]; and [T]he use of the registered service marks identified in Exhibit B to this resolution by the Washington Redskins football organization, has always been and continues to be offensive, disparaging, scandalous, and damaging to Native Americans.109 107 Barnhart 1997 Dep. p. 181:2-25; 182:2-12, (TTABVue 161 p. 15). National Congress of American Indians Est. 1944, Resolution No. EX DC-93-11, Resolution in Support of the Petition for Cancellation of the Registered Services Marks of the Washington Redskins AKA Pro-Football Inc. (Jan. 18-19, 1993) (“NCAI Resolution”), Petitioners’ Notice of Reliance, Ex. 3 (TTABVue 63, pp. 71-77). 108 109 Id. (emphasis added). 40 Cancellation No. 92046185 Respondent objects to the NCAI resolution “as irrelevant, to the extent that it dates from a time period not relevant to issues in this proceeding.”110 Respondent further asserts that the District Court found it “irrelevant to the calculus.”111 The full quote from the District Court is set forth below: All of these resolutions were made after the relevant time frame, with no explanation by the TTAB as to how they ‘shed light’ on the relevant time period, and thus, are irrelevant to the calculus . . . [and] the TTAB made no findings of fact about the strength of this evidence. Pro-Football, Inc. v Harjo, 68 USPQ2d at 1255. We begin by stating that there is no question as to the authenticity or identity of this document. The stipulation by the parties is clear and unequivocal “all evidence admissible in [Harjo] shall be admissible in this proceeding” and only objections as to relevance were preserved for the evidence covered under paragraph one of the stipulation.112 The testimony by Ms. Chase, discussed infra, regarding the procedures by which the NCAI Executive Council passes its resolutions and as stated in the NCAI by-laws, and the other evidence of record showing NCAI membership (referenced infra in the findings of fact), is sufficient to support the credibility, reliability and trustworthiness of the resolution.113 In addition, Ms. Chase’s testimony along with other evidence sets out the circumstances under 110 Resp. Br. Appendix A p. 1 (TTABVue 181, p. 58). Resp. Br. p. 20 (TTABVue 181, p. 26) quoting Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1255. 111 112 Parties’ Stipulation (TTABVue 31). There is nothing in the record to even suggest that NCAI’s procedures were not followed. While Ms. Chase was not present when the resolution was voted on, she did attend the January 18-19 gathering, during which the resolution was adopted. Chase Dep. p. 52 (TTABVue 98, p. 58). 113 41 Cancellation No. 92046185 which the resolution was passed, i.e., that approximately 150 tribes were represented by NCAI at that time and at least one third of the tribal members were present to pass the resolution.114 With regard to respondent’s relevancy objection, any statement made after each registration issued is not a statement from the time of registration; thus, based on respondent’s logic even testimony taken from individuals in 1993-1996 (i.e., during the Harjo litigation) would be statements about the witnesses’ opinions during the years 1967-1990, and as such, would be irrelevant. However, the mere fact that an opinion is voiced in 1993 does not mean the opinion was not held by that group or individual in the 1967-1990 time period. In Harjo, we note, the opinions about views from 1967-1990 given by the individual plaintiffs through testimony were accepted, by both the Board and the District Court.115 Here, we have a claim that the registered marks disparaged Native Americans when registered. We find that a resolution passed by an organization such as NCAI, which throughout the relevant time period represented approximately thirty percent of Native Americans, setting forth the past and ongoing viewpoint of the To put these numbers in better context, according to the Census Bureau, there were 523,591 Native Americans in the United States in 1960, 792,730 in 1970, 1,364,033 in 1980, and 1,878,285 in 1990. Campbell Gibson & Kay Jung, Historical Census Statistics on Population Totals By Race, 1790 to 1990, and By Hispanic Origin, 1970 to 1990, For The United States, Regions, Divisions, and States App. B, tbls. B-1 to B-3 (U.S. Census Bureau, Working Paper Ser. No. 56, 2002). The U.S. census is a standard reference; therefore, we may take judicial notice of its data. Fed. R. Evid. 201; In re Broyhill Furniture Indus. Inc., 60 USPQ2d 1511, 1514 n.4 (TTAB 2001). 114 We further note respondent elicited and relied upon testimony provided in 1997 regarding views held in 1967. Barnhart 1997 Dep. pp. 170-171 (TTABVue 161, pp. 12-13) (Mr. Barnhart stating his opinion that the word “redskins” is not disparaging with regard to “the Redskins team” in 1967 through 1997). As discussed infra, Mr. Barnhart’s definition of disparaging requires intent from the speaker. 115 42 Cancellation No. 92046185 Native Americans it represents is clearly probative of the views of Native Americans held at the referenced time period.116 We accept individual testimony about views held in the past, therefore we accept a group statement about views held in the past, in particular here where the claim pertains to the views of a group and not individuals.117 Respondent’s objection on the basis of relevancy is overruled. We note in the Harjo decision that while Resolution 93-11 was part of the record, the Board quoted from a different NCAI resolution that could be appropriately characterized as “indicating a present objection” to the word Redskins in respondent’s marks. Harjo v. ProFootball, Inc., 50 U.S.P.Q.2d at 1725, 1747. See “Resolution to Justice Department Investigation of Human Rights Violations … NCAI Resolution 93-143, calling for the abolition of Indian nicknames, Mascots and Images and commercial use of these by sporting industries, colleges, universities and automobile manufacturers … NCAI does hereby request Senator Ben Campbell-Democrat, Colorado, and Senator Don Nickles-Republican, Oklahoma, to direct the Justice Department to investigate any human and civil rights violations by colleges, universities, and public institutions and exploit Indian imagry [sic] and lifestyles.” Petitioner’s Notice of Reliance Ex. 3 (TTABVue 83, pp. 47-48). By contrast, Resolution 93-11 clearly speaks to the viewpoint during the relevant time period. With regard to Resolution 93-11 the Board noted that “[e]vidence concerning the significance of the word ‘redskin(s)’ before and after the relevant time periods may shed light on its significance during those time periods.” Harjo v. Pro-Football, Inc., 50 U.S.P.Q.2d at 1715. To clarify, while the evidence is from a time directly after the relevant time period, it addresses the viewpoint during the relevant time period and, therefore, goes beyond “indicating a present objection.” Rather, it is evidence of the viewpoint during the relevant time period. 116 We further note an editorial from the Albuquerque Journal dated September 12, 1992 includes the following statement: “One could argue that when the team was originally named, most people – make that most White people – didn’t consider the word ‘redskins’ derogatory. But Indians have long objected to the term.” Emphasis added. Petitioner’s Notice of Reliance Ex. 20 (TTABVue 71, p. 87). New Mexico was home to 133,816 Native Americans in 1990 according to the Census data and a good portion of the Navajo Nation – Ms. Blackhorse, one of the petitioners, is a registered member of the Navajo Nation. Census Bureau, U.S. Dep’t of Commerce, Pub. No. 1900 CP-3-7, 1990 Census of Population Characteristics of Am. Indians by Tribe & Language tbl. 1 (1994). 117 While we do not know if the newspaper editorial was written by a Native American, as a newspaper in a state with an appreciable number of Native Americans it is reasonable to infer that the editorial board has some knowledge regarding the sentiments of the Native American community. This is simply another example of a statement describing views held in the past. Such statements serve to cover the relevant time periods. Respondent’s 43 Cancellation No. 92046185 Deposition of JoAnn Chase JoAnn Chase, a Native American,118 became Executive Director of the National Congress of American Indians on April 1, 1994, and provided testimony in 1996 about Resolution 93-11.119 Respondent’s objection to Ms. Chase’s testimony as being irrelevant because the NCAI resolution dates from a time period not relevant to this proceeding is overruled. Her testimony relates to the NCAI resolution that specifically addresses the time period with which we are concerned. Her testimony also provides contemporary and historical background on the organization. Deposition of Harold Gross In 1972, Harold Martin Gross was the Director of Indian Legal Information Development Service, a legislative oversight program.120 The mission of the Indian Legal Information Development Service was two-fold: (1) to provide career training to Native Americans in the fields of journalism, law and public affairs in the legislative process; and to provide legislative information to Native American tribes through a monthly magazine.121 The staff was comprised of Native Americans. Mr. Gross testified that they asked him to help them change the name of the Washington Redskins football team because “it was disparaging, insulting and relevancy objection to this editorial as being from a different time period and as not written by a Native American is overruled. 118 Chase Dep. 7:11-13, Apr. 26, 1996 (TTABVue 98, p. 13). 119 Id. 5:19-22 (TTABVue 98, p. 11). 120 Gross Dep. 7:23-8:1, June 11, 1997 (TTABVue 79, pp. 169-70). 121 Gross Dep. 8:4-8:11 (TTABVue 79, p. 170). 44 Cancellation No. 92046185 degrading to American Indians.”122 In January 1972, Mr. Gross drafted a letter on behalf of his staff and sent it to Edward Bennett Williams, who was then partowner and president of the Washington Redskins football team.123 That letter led to a March meeting with Mr. Williams.124 The following people attended that meeting along with Mr. Gross:125 1. Richard LaCourse, a representative of the Washington Bureau of the American Indian Press Association; 2. Leon Cook, President of the National Congress of American Indians (NCAI); 3. Ron Aguilar, District Representative of the National Indian Youth Council; 4. Dennis Banks, District Representative of the American Indian Movement; 5. Hany Geigomah, Assistant to the Commissioner of Indian Affairs and the Youth Representative from the Bureau of Indian Affairs; 6. Laura Wittstock, Legislative Review Editor of the Indian Legal Information Development Service; and 7. LaDonna Harris, President of the Americans for Indian Opportunity. Gross Dep. 16:11-16:19 (TTABVue 79, p. 178). Respondent’s objection to this testimony as “irrelevant in lacking foundation and scientific basis” is overruled. The testimony simply pertains to an event he participated in and the motivation for that event. 122 Gross Dep. Ex. 32.007: Letter from Harold Gross, Dir., Indian Legal Information Dev. Servs., to Edward Bennett Williams (Jan. 18, 1972) (TTABVue 77, pp. 11-13; TTABVue 105, p. 71-73 (duplicate)). 123 124 Gross Dep. 9:2-9:5, 18:7-18:11 (TTABVue 79, pp. 171, 180). Gross Dep. 18:19-18:23 (TTABVue 79, p. 180), Gross Dep. Ex. 32.006 (TTABVue 77, p. 10; TTABVue 105, p. 69 (duplicate)). 125 45 Cancellation No. 92046185 At the meeting, the Native American attendees expressed their “reasons for objecting to the name of the team, and some of the trappings that went with it. And to present the reasons why [they] thought it should be changed.”126 Respondent objects to Mr. Gross’ testimony and exhibits (e.g., the letter to Mr. Williams) as irrelevant because “the organization he formerly represented comprised at most seven Native American members and itself did not represent any Native American tribe or organization.”127 The objection is overruled. The opinions of seven Native Americans expressed during the relevant time period are obviously relevant to the merits of the petition. Moreover, we do not rely on the testimony for the viewpoint of the Indian Legal Information Development Service, the organization Mr. Gross represented. Rather, we rely on this testimony and evidence to show that NCAI’s opposition to use of the word “redskins” with respondent’s services existed as early as 1972, well in advance of the 93-11 resolution and during the relevant time period. NCAI’s president, Mr. Leon Cook, participated in that meeting and supported the position that respondent should cease use of the name “Redskins.” The “Recommendations to the Washington, D.C. Professional Football Team” from “Leon F. Cook, President, National Congress of American Indians,” et al., include the following: 126 Gross Dep. 19:23-20:1 (TTABVue 79, pp. 181-82). Resp’s Br. Appendix A p. 12. We further note, Mr. Gross’ deposition is another example of contemporary testimony regarding past events and opinions that are not objected to as irrelevant on that basis. We further note respondent did not object to the NCAI resolution as not representing Native American tribes. 127 46 Cancellation No. 92046185 1. That the derogatory racial epithet “Redskins” be withdrawn as a team nickname for the professional football team of Washington, D.C.128 In 1972, NCAI represented approximately 30 percent of Native Americans. An article published in the Washington Daily News on March 30, 1972, discussing the meeting with Edward Bennett Williams includes the following excerpt: After Petite’s fist shaking speech, Williams closed this first meeting with the American Indians who claim his team nickname, ‘Redskins’ is a racial slur. The eleven Indian representatives included ... Leon Cook, president of the National Congress of American Indians which claims a membership of 300,000; Dennis J. Banks, national chairman of the American Indian Movement.129 In addition, an article published in The Washington Post on Thursday March 30, 1972 includes the following: A DELEGATION OF 11 people representing a variety of Indian organizations ... Among the group ... requesting that ‘the derogatory racial epithet ‘Redskins’’ be banished from the Washington sports scene were ...Leon Cook, president of the National Congress of American Indians which claims a membership of 350,000 Indians, according to the protesting group’s informal leader, Harold Gross, an attorney for another Indian organization.130 Harold Gross testified that he worked for NCAI in 1969 and would have first-hand knowledge as to the membership in that time period.131 This evidence regarding NCAI’s membership in the relevant time period, as well as its participation in the 128 Gross Dep. Ex. 32.005 (TTABVue 77, p. 9). 129 Petitioners’ Notice of Reliance Ex. 18 (TTABVue 48, p. 33) (emphasis added) Petitioners’ Notice of Reliance Ex. 18 (TTABVue 48, pp. 85-86) (emphasis added). We do not find the discrepancy between the reports in the Daily News and Post as to the membership of the NCAI as significant. The two reports agree that NCAI claimed to represent at least 300,000 American Indians. 130 131 Gross Dep. p. 37 (TTABVue 79, p. 199). 47 Cancellation No. 92046185 1972 meeting serves to corroborate the statement in the 93-11 resolution that the term REDSKINS as used by the Washington Redskins “has always been … offensive, disparaging, scandalous, and damaging to Native Americans.”132 NCAI’s decades-long challenge to the term “Redskins” is referenced in an article in the Lakota Times published September 16, 1992: The National Congress of American Indians has been battling against the racist use of Indians as mascots for decades. The battle has been uphill all the way because mainstream America does not see the term [Redskins] as offensive – because they are not American Indians. … Mr. Deloria who directed NCAI in the 1960’s and spoke out on the mascot issue then ... The grounds for cancellation of the federal registration include: The term ‘Redskin’ … is ... disparaging.133 Other evidence provides information regarding NCAI’s opposition to the name “Redskins” for the football team and the number of Native Americans represented by NCAI during the relevant time period. The state of Michigan issued a report addressing the use of Indian names and mascots in October 1988.134 The purpose of this report was to examine the presence of Native American stereotyping in Michigan education institutions. The Commission surveyed colleges, National Congress of American Indians Est. 1944 Resolution No. Ex DC-93-11, (TTABVue 63, p. 71) (emphasis added). 132 Lakota Times (September 16, 1992), Pet’rs’ Notice of Reliance Ex. 20 (TTABVue 71 pp. 88-89). Respondent’s objection that this article was published after the relevant time period is overruled. We only rely on the article for the information provided regarding NCAI’s activities during the relevant time period. See also NCAI Sentinel (Winter-Spring 1969) (TTABVue 48 pp. 80-82) “NCAI Wages War on Indian Image” (campaign to combat negative images and references to Native Americans); and letter from William B. Welles and Charles B. Kusen to Mr. Pete Rozelle (April 25, 1972) (commenting on “movement to change the familiar titles of many teams in the sports world,” including the “Redskins”) Petitioners’ Notice of Reliance Ex. 32 (TTABVue 77 p. 20). 133 See Michigan Civil Rights Commission Report on Use of Nicknames, Logos and Mascots Depicting Native American People in Michigan Education Institutions (October 1988) (“Michigan Comm’n Report”), Petitioners’ Notice of Reliance, Ex. 77 (TTABVue 91, p. 94). 134 48 Cancellation No. 92046185 universities, high schools and junior high/middle schools.135 In addition, the Commission contacted Native American organizations in Michigan to solicit feedback on stereotyping of Native Americans.136 Respondent apparently lodged several objections to this report (it is included by bates numbers in the objections to documents referred to as “correspondence”); however, we only rely on the following reference in 1988 to NCAI in this report and there is no objection to that information. The National Congress of American Indians, the oldest and largest national Indian group in the U.S. also supports this organization’s efforts to have the Washington team’s name changed.137 In April 1993, the Miami University Senate held meetings to determine whether or not to abandon their team name REDSKINS, which they ultimately did. Dr. Britton Harwood made the following statement: The National Congress of American Indians, representing approximately 150 tribal governments, calls it [redskin] a racial slur.138 135 Michigan Comm’n Report, at 13 (TTABVue 91, p. 108). 136 Michigan Comm’n Report, at 21-22 (TTABVue 91, pp. 116-17). 137 Michigan Comm’n Report, at 6 (TTABVue 91, p. 101). Statement to the [Miami] University Senate, Dr. Britton Harwood 1993 Minutes from University Senate April 5, 1993, Petitioners’ Notice of Reliance Ex. 87 (TTABVue 95, p. 19). These minutes were made admissible in the Harjo proceeding in view of both parties not objecting to the other parties’ documents submitted under notice of reliance. They have been stipulated into this record and there is no objection based on authentication or foundation and any hearsay objection is waived (respondent objects to the relevancy of these minutes for other reasons that do not impair the statement regarding how many tribes are members of NCAI in 1993). In addition, an article from the newspaper The Voice (April 27, 1993) titled “Harwood Addresses U. Senate on ‘Redskin’ Issue” includes the statement “The National Congress of American Indians, representing approximately 150 tribal governments, calls it a racial slur.” Petitioners’ Notice of Reliance Ex. 88 (TTABVue 95, p. 29). 138 49 Cancellation No. 92046185 This number is further corroborated a June 3, 1991 letter from Dale Pullen, publisher of The U.S. Congress Handbook to Charlie Drayton, the Vice President of Communications for the Washington Redskins, submitted by respondent to show Native American support of the team.139 In his letter, Mr. Pullen wrote the following: The National American Indian Council, representing 70 per cent of the American Indian population, would like 400 U.S. CONGRESS HANDBOOKS for their D.C. meeting beginning June 7. Ms. Lee Ann Tallbear, Executive Director, for the NAIC, called to see how she might get books . . . . Ms. Tallbear said that her group represents about 1.2 million American Indians who do not live on reservations. The National Congress of American Indians represent [sic] Indians living on reservations (the remaining 30 percent). In 1995, there were approximately 500 recognized tribes in the United States; 150 would have been about one third in 1993.140 Ms. Chase also testified that there were between 100 – 400 members at the time the resolution was taken.141 We further note that in addition to NCAI, the American Indian Movement (AIM) was represented at the 1972 meeting. AIM was founded in 1968 as stated in the following letter from Clyde H. Bellecourt, National Director of the AIM and Chase Dep. pp. 104-105 (TTABVue 98, pp. 110-11), Respondent’s Notice of Reliance Ex. 29.1 (TTABVue 142, p. 43) (shown as the Deloria Exhibit 35 also presented as exhibit 41 in the Chase deposition). 139 1995 Federal Register, Respondent’s Notice of Reliance Ex. 64 (TTABVue 151, pp. 5763). 140 Chase Dep. p. 54 (TTABVue 98, p. 60). It is interesting to note that the 1992 WTOP survey shows 28 percent of tribal leaders (again approximately 30 percent) found the name offensive and wanted it changed. John Kent Cooke Dep., Ex. 6 (TTABVue 149, pp. 43-68; TTABVue 156, pp. 11-38). 141 50 Cancellation No. 92046185 William A. Means, President of International Indian Treaty Council, to Jack Kent Cooke142 dated December 20, 1991: The American Indian movement (AIM) is the foremost advocacy organization representing and defending the spiritual, cultural, political and treaty rights of the Indigenous (Indian) peoples in all of North, Central and South America. … The American Indian Movement, which was reborn here in Minneapolis, Minnesota in 1968 … The efforts by Indian people to cleanse organized sports, both within major league baseball, the national football league and hockey, as well high school and university athletic programs has been ongoing for years. … We have received hundreds of calls and letters both national and international in support of our efforts to change these demeaning names (i.e. Washington Redskins) … by sports teams and athletic programs.143 Letters of Protest Petitioners submitted 19 letters from individuals identifying themselves or family members as Native Americans from across the United States representing a geographic cross section (South Dakota, Virginia, Florida, Nebraska, Iowa, Idaho, Minnesota, Georgia, Illinois),144 letters from three Native American organizations,145 one letter from the Otoe-Missouria Tribe,146 in which they Jack Kent Cooke was respondent’s former “chairman of the Board, . . . president and a director.” John Kent Cooke Dep. 15:16-21, Mar. 26, 1996 (TTABVue 65, p. 86). 142 Letter from Clyde H. Bellecourt, Nat’l Dir., Am. Indian Movement, and William A. Means, President, Int’l Indian Treaty Council, to Jack Kent Cooke (Dec. 20, 1991), Petitioners’ Notice of Reliance, Ex. 5 (TTABVue 63, pp. 172-76). 143 Petitioners’ Notice of Reliance Ex. 5 (TTABVue 63, pp. 84-177; 67 pp. 14, 65, 86-87, 93, 130); petitioners’ Notice of Reliance Ex. 2 (TTABVue 77, p. 6). 144 Letter from Clyde H. Bellecourt, Nat’l Dir., Am. Indian Movement, and William A. Means, President, Int’l Indian Treaty Council, to Jack Kent Cooke (Dec. 20, 1991), Petitioners’ Notice of Reliance, Ex. 5 (TTABVue 63, pp. 172-76); Letter from Loren Stiffarm, President, Nat’l Indian Educ. Ass’n, to Manuel Lujan, Dept. of Interior (Mar. 16, 1992), Petitioners’ Notice of Reliance, Ex. 5 (TTABVue 67, pp. 37-38); Letter from Sharon Metz, Dir., H.O.N.O.R. to Jack Kent Cooke (Oct. 1992), Petitioners’ Notice of Reliance, Ex. 5 (TTABVue 67, pp. 68, 136). 145 51 Cancellation No. 92046185 protested the use of the term “Redskins” by respondent.147 A representative sample of excerpts from individual letters is set forth below: Since you continue not to believe that the term “Redskins” is not [sic] offensive to anyone, let me make this clear: The name “Redskins” is very offensive to me and shows little human interest or taste. I am a Comanche Indian from Oklahoma. Indians are having enough trouble trying to erase misconceptions about themselves without having to be hit in the face with it every day in the form of a football team or baseball team. If you think you are preserving our culture or your history, then may I suggest a change? To live up to your name, your team would field only two men to the opponents eleven. Your player’s wives would be required to face the men of the opposing team. After having lost every game in good faith, you would be required to remain in RFK stadium’s end zone for the rest of your life living off what the other teams had left you. (Which wouldn’t be much.) Since you would probably find this as distasteful as 300,000 Indians do, I would suggest a change in name. In sticking to your ethnic theme, I would suggest the Washington Niggers as a start. … This would start a fantastic trend in the league. We would soon be blessed with the San Fransisco [sic] Chinks, New York Jews, Dallas Wetbacks, Houston Greasers, and the Green Bay Crackers. Great, huh? Mr. Williams, these would be very offensive to many people, just as Redskins is offensive to myself and others. You can take a stand that would show you and the team as true believers in civil rights, or you can continue to carry a name that keeps alive a threatening stereotype to Indian people. People, Mr. Williams. We don’t want the Redskins!148 … I, along with many other Native Americans, have tried over many years to reduce the level of opprobrium and prejudice surrounding Letter from Otoe-Missouria Tribe to Jack Kent Cooke (Oct. 8, 1993), Petitioners’ Notice of Reliance, Ex. 5 (TTABVue 67, p. 150). According to the Census Bureau, there were a total of 1,762 Otoe-Missourias in the United States in 1990. Census Bureau, U.S. Dep’t of Commerce, Pub. No. 1900 CP-3-7, 1990 Census of Population Characteristics of Am. Indians by Tribe & Language tbl. 1 (1994). 146 Respondent’s objections to these letters as irrelevant because there is no evidence that the authors are Native Americans or represent any Native American tribe or organization are overruled. The writers self-identified as Native Americans and respondent waived the hearsay objection. Moreover respondent relies on the same type of evidence for the truth of the matter asserted, see infra. 147 Letter from Billy Kevin Gover to Edward Bennett Williams (July 18, 1972), Petitioners’ Notice of Reliance Ex. 32 (TTABVue 77, p. 6). 148 52 Cancellation No. 92046185 American attitutes [sic] toward Native peoples. I urge that you consider an immediate change of name for your team and that your new name reflect in no way unfavorably on any of our national or ethnic groups.149 … I must say that I am appalled at your [Jack Kent Cooke] callous attitude and comments concerning this issue. As a Native American I can assure you that I find the term “Redskin” offensive and derogatory. I don’t mind telling you that I find the name of your team totally objectionable. … I feel you’ve gotten off lightly with the concerns for this issue because the Indian population is not as large or vocal as the other minorities of this country. Because we are not highly visible that does not mean you can count us out of the human race. We deserve the right to be treated with equal respect and consideration that is entitled to any race. … Would you be offended if someone called you or a family member a derogatory racial nickname? Some of these nicknames are: honkie, wop, kraut, chink, potato head and nigger. When a Native American is referred to as a “redskin” then you are in essence calling them a name that is just as bad as those above. Would you be offended by any of these names? If so, then please reconsider your position. You people in Washington take so much care not to offend the minorities [in] your city. I don’t understand why this same care and consideration isn’t extended to other races in this country.150 I object to the use of “redskins” for a football team.151 I am an Oglala Sioux Indian living here on the Pine Ridge Indian Reservation in South Dakota. I am writing this letter concerning a matter that I feel is very important I believe that the name “Redskins,” is very demeaning to my Indian people. … Thank you for your kind attention to the matter.152 … As a member of the Oneida tribe of Indians of Wisconsin, I find the team name [Redskins] very offensive and more of an ethnic slur which Letter from Joan W. Drake to Jack Kent Cooke (January 21, 1988), Petitioners’ Notice of Reliance Ex. 5 (TTABVue 63, p. 86). 149 Letter from Roxanna Pucher to Jack Kent Cooke (February 22, 1988), Petitioners’ Notice of Reliance Ex. 5 (TTABVue 63, pp. 108-109). 150 Letter from Norma Lussier to Jack Kent Cooke (member of the Red Lake Band of Chippewa Indians) (March 18, 1988), Petitioners’ Notice of Reliance Ex. 5 (TTABVue 63, p. 127). 151 Letter from Adora Martin (May 2, 1988) to Jack Kent Cooke, Petitioners’ Notice of Reliance Ex. 5 (TTABVue 63, 134). 152 53 Cancellation No. 92046185 should have never been placed with the proud symbol of the team. … I am a big fan of the team and it’s collection of extraordinary talent, however, I remain adamantly opposed to the organization [sic] keeping the current team name.153 The Washington Redskins must go! No, not the team, but the name, which is totally demeaning of Native Americans and reinforces a negative stereotype that is unjust and unwarranted. The term “redskins” is out of a period when there was a bounty on the heads of Indians and they were scalped. Eighty cents for a man’s skin, 60 cents for a woman’s skin and 20 cents for a child’s skin. It is a period in our history that every American should be ashamed of and the continued use of such a derogatory and offensive term is an abomination. Ben Nighthorse Campbell, the only Native American in the U.S. Senate, says that “the name Redskins carries the same negative connotation as some terms that blacks and whites find offensive. The word brings to mind a negative image of uncivilized persons and has no positive meaning.” Therefore, Mr. Cooke, despite your insistence to the contrary, there is no pride or honor associated with the name. The controversy is something that will not go away, will not disappear until the term “redskin” is banished from our vocabulary. … ps. Being of direct Native American descent, I find the name especially offensive.154 All but one of the letters were written at the end or just after the relevant time period, but do evidence the opinion of individual Native Americans across the United States, providing further corroboration that the viewpoint in the NCAI resolution represents a cross-section of Native Americans. We have not considered the at least 150 letters from individuals other than Native Americans protesting the use of the name Redskins.155 Inasmuch as our determination of the issue of disparagement concerns the views of Native Americans, the 150 letters from nonNative Americans have limited probative value. While they may serve to indicate a Letter from Jeffrey Valentino to Jack Kent Cooke (September 14, 1992), Petitioners’ Notice of Reliance Ex. 5 (TTABVue 67, p. 65). 153 Letter from Kimberly Whitehead to Jack Kent Cooke (October 8, 1993), Petitioners’ Notice of Reliance Ex. 5 (TTABVue 67, p. 130). 154 155 See App. A (detailed listing of submissions by petitioners’ notice of reliance). 54 Cancellation No. 92046185 broader consensus regarding the word, which may add to the weight of the evidence, we do not find it necessary to rely on this evidence. Respondent’s Evidence of Support for the Name On January 16, 1992, the chief of the Modoc Tribe of Oklahoma sent the Washington Redskins a copy of the Inter-Tribal Council (comprising the Miami, Ottawa, Modoc, Peoria and Seneca-Cayuga Tribes of Oklahoma) “Resolution Supporting Use of Team Name ‘Redskins’ by the Professional Football Team in Washington, D.C.,” approving the name “as a positive image depicting Native American culture and heritage.”156 In October 1991, the chairman of the Tulalip Tribes of Washington, Stanley G. Jones Sr., sent a letter to Senator John McCain, then-Vice Chairman of the Select Committee on Indian Affairs, stating that “[m]any of us are proud that sport teams use us and our symbols to represent them. . . . We are not offended by the Washington football team being called the Redskins.”157 The “Tribal Leader of the Soboba Band of Indians located in San Jacinto, California,” Robert J. Salgado, sent a letter to Jack Kent Cooke, in January 1992, stating that he had “been impressed [by] the manner in which the Washington Resolution of Inter-Tribal Council, Inc. (1992), Respondent’s Notice of Reliance, Ex. 27 (TTABVue 142, pp. 28-29), Respondent’s Notice of Reliance, Ex. 28.2 (TTABVue 142, pp. 3233 (duplicate). See also letter from Floyd E. Leonard, Chief of the Miami Tribe of Oklahoma, to C. A. Buser (June 21, 1991) (explaining that the Miami Tribe voted to support and acknowledge its pride in the use of the name “Redskins” by Miami University in Oxford, Ohio), Respondent’s Notice of Reliance, Exhibit 28.7 (TTABVue 142, pp. 39-40). 156 Letter from Stan Jones Sr., Chairman, the Tulalip Tribes, to Sen. John McCain (Oct. 30, 1991), Respondent’s Notice of Reliance, Ex. 28.1 (TTABVue 142, pp. 30-31). See letter from Stanley G. Jones Sr., Chairman, the Tulalip Tribes, to Redskin Support Comm. (Aug. 31, 1992) (expressing no objection by the Tulalip Tribe to the use of the “Redskins” name), Respondent’s Notice of Reliance, Ex. 28.6 (TTABVue 142, p. 38). 157 55 Cancellation No. 92046185 Redskins have portrayed the American Indian,” and further stating his support for the team.158 The chief of the Choctaw Nation of Oklahoma, Hollis E. Roberts, sent a letter to the Washington Redskins Communications Department in January 1992, which covered the history of the Choctaws and connected that history with the use of American Indian names and images by sports teams.159 Chief Roberts stated: Sports teams traditionally adopt a namesake and image which they perceive as noble and powerful. The Washington Redskins is a team . . . that Indian people can be proud to be identified with.160 The chief concluded by expressing his support “of the Washington football team, the ‘Redskins.’”161 The Principal Chief of the Seminole Nation of Oklahoma, Jerry G. Haney, sent a letter to Jack Kent Cooke in January 1992, expressing that the use of the “Redskins” name by the Washington football team is a source of pride.162 The Vice President of the Pima-Maricopa Indian Community of Salt River in Scottsdale, Arizona, Merna L. Lewis, sent a letter to Ms. Jo Walter regarding the Letter from Robert J. Salgado, Chairman, Soboba Band of Mission Indians, to Jack Kent Cooke (Jan. 17, 1992), Respondent’s Notice of Reliance, Ex. 28.3 (TTABVue 142, p. 34). 158 Letter from Hollis E. Roberts, Chief, Choctaw Nation of Okla., to Charlie Dayton, V.P., Wash. Redskins Communications Dep’t (Jan. 23, 1992), Respondent’s Notice of Reliance, Ex. 28.4 (TTABVue 142, pp. 35-36). 159 160 Id. (TTABVue 142, p. 36). 161 Id. Letter from Jerry G. Haney, Principal Chief, Seminole Nation of Okla., to Jack Kent Cooke (Jan. 23, 1992), Respondent’s Notice of Reliance, Ex. 28.5 (TTABVue 142, p. 37). 162 56 Cancellation No. 92046185 use of the name “Naperville Redskins” by a high school in Illinois.163 Ms. Lewis wrote that her Native American community did not object to the Naperville school using the name “Redskins” so long as it was used with honor and respect. The principal chief of the Eastern Band of Cherokee Indians in North Carolina, Jonathan L. Taylor, also sent a letter to Ms. Jo Walter in July 1992, regarding the use of the name “Naperville Redskins.”164 Chief Taylor wrote that the use of the name “Redskins” by the school was a “great honor for all Native Americans.”165 A 1992 newspaper article reported that the Mattaponi tribe did not object to the use of the name “Redskins” by the Washington football team. The tribal chief of the Mattaponi of King William County, Virginia, Webster “Little Eagle” Custalow, is quoted as saying that his tribe did not “disapprove of that name at all. The only thing I’ve asked them to do is to wear the helmets proudly. There’s an Indian head dress on the helmet and I asked them to keep that helmet high and not rub it in the dirt.”166 The record also includes evidence regarding Native Americans using the word “redskins” in connection with their own sports teams: Merna L. Lewis, V.P., Pima-Maricopa Indian Community (Ariz.), to Jo Walter (July 14, 1992), Respondent’s Notice of Reliance, Ex. 28.8 (TTABVue 142, p. 41). 163 Jonathan L. Taylor, Principal Chief, Eastern Band of Cherokee Indians, to Jo Walter (July 16, 1992), Respondent’s Notice of Reliance, Ex. 28. 9 (TTABVue 142, p. 42). 164 165 Id. Associated Press, “NAACP Objects to ‘Redskins’; Chief Doesn’t,” N. Va. Daily, Aug. 5, 1992, Petitioners’ Notice of Reliance, Ex. 19 (TTABVue 48, p. 59). 166 57 Cancellation No. 92046185 A sign at a Navajo Indian Reservation school: Red Mesa High School Home of the Redskins, with the photograph taken in 1989 and sent by Robert D. Kahn to Jack Kent Cooke on November 4, 1991;167 A sports article in the April 30, 2010 issue of the Seminole Tribune (Fla.), referencing the “Lady Redskins” as one of the teams involved in a tribal basketball tournament.168 Respondent also points out that its seventeenth draft pick in 1956 was Eagle Day, who was part of the Cherokee tribe.169 Day began his career with the Washington Redskins in 1959, as reported in this Washington Daily News article: When he arrived at training camp in July 1959, the Washington Daily News reported that “Eagle Day is an Indian who has always wanted to be a Redskin,” Letter from Robert D. Kahn to Jack Kent Cooke (Nov. 4, 1991), Respondent’s Notice of Reliance, Ex. 33 (TTABVue 143, pp. 6-8). 167 Marcus Anthony Briggs-Cloud Dep. 67:20-68:14, 72:14-73:18, June 23, 2011 (TTABVue 121, pp. 73-74, 78-79); Briggs-Cloud Dep. Ex. 3 (Chris C. Jenkins, “Son, Daughter Celebrated in Memorial Tourneys,” Seminole Tribune (Fla.), Apr. 30, 2010, at 1C) (TTABVue 121, p. 24). We note this article is not from nor does it reference the relevant period. 168 “Redskins Sign Indian,” Washington Daily News, Mar. 10, 1959, at 37, Respondent’s Ex. 31.1 (TTABVue 143, p. 4). 169 58 Cancellation No. 92046185 quoting Day as saying “I’m finally getting a chance to do what I wanted in the first place—play for the Redskins.”170 Based on our review of the record within the confines of this narrow case and taking into consideration the stipulations that all evidence deemed admissible in Harjo is of record and all hearsay objections are waived to allow consideration of documents for the truth of the matter asserted, 171 we find the following facts in the two categories. FINDINGS OF FACT General Analysis of the Word172 1. The word REDSKIN on its face is and always has been a racial designation.173 2. The word REDSKINS is a plural of the word REDSKIN.174 3. The word REDSKIN on its face refers to the real or imagined skin color of Native Americans.175 Tom Yorke, “An Indian Joins the Redskins,” Washington Daily News, July 27, 1959, Respondent’s Ex. 31.2 (TTABVue 143, p. 5). 170 Despite the waiver of hearsay objections, we only rely on the content of these documents to corroborate testimony and NCAI Resolution 93-11, and when various documents point to the same result to establish sufficient indicia of reliability. West Florida Seafood, Inc. v. Jet Restaurants, 31 F.3d 1122, 31 USPQ2d 1660, 1663 (Fed. Cir. 1994). 171 Although titled “General Analysis” this category includes evidence and findings of fact based on Native American viewpoints, i.e., the viewpoint of paramount concern under the applicable analysis. 172 This is not in dispute and is evident from the answer to the first part of the test, i.e., that REDSKINS retains the meaning Native American. However, it is also amply supported by the multitude of dictionary definitions in the record, including those set forth in the majority opinion. See also Barnhart Rept. p. 1 (TTABVue 129, p. 5). 173 This has been conceded and established by the record as part of the first prong of the test. 174 Barnhart Dep. p. 70-71 (TTABVue 159, p. 74); Barnhart Rept. (TTABVue 162, p. 21); Nunberg Dep. Ex. 14 (TTABVue 83, p. 118) Webster’s New Twentieth Century Dictionary of 175 59 Cancellation No. 92046185 4. Racial slurs often refer to real or imagined physical differences.176 5. Dictionary usage labels signal that a word is not part of standard vocabulary.177 6. Before 1966 no dictionary in this record included a usage label for the term REDSKIN.178 7. Beginning in 1966 and continuing to 1990, usage labels in dictionaries indicating the term REDSKIN to be offensive, disparaging, contemptuous or not preferred, first appear and then grow in number.179 the English Language Unabridged (2d ed. 1977) “so called from the reddish or coppery color of the skin.” This is not in dispute. Resp. Br. pp. 38-40. Allen, Irving Lewis, Unkind Words: Ethnic Labeling from Redskin to WASP (Bergin & Garvey 1990) p. 18 (“Nearly half of all interracial slurs ...refer to real or imagined physical differences. ... Most references to physical differences are to skin color, which affirms what we have always known about the significance of color in human relations. Asian groups were called yellow this and that and Native Americans were called redskins, red men, and red devils.”) petitioners’ notice of reliance Ex. 57 (TTABVue 87, p. 20). See also Allen, Irving Lewis, The Language of Ethnic Conflict Social Organization and Lexical Culture (Columbia University Press 1983) p. 51 (Redskin listed as a disparaging slur for Native Americans), petitioner’s notice of reliance Ex. 1 (TTABVue 63, p. 41). In a deposition submitted by respondent, Richard Leslie Vaughn, director of communications for the Washington football team, presents an example that reference to skin color is disparaging. “Q. What is it about the word ‘darkie’ that causes you to believe that it refers to AfricanAmericans? A. The color of their skin. Q. Do you consider the word ‘darkie’ derogatory? A. Yes. Q. Do you consider it disparaging? Yes.” Vaughn Dep. pp. 148-149 (TTABVue 158, pp. 151-152). 176 177 Barnhart Rept. (TTABVue 162, p. 25). This is not in dispute. 178 Barnhart Rept. (TTABVue 162, p. 21). Barnhart Rept. (TTABVue 162, p. 21). Regarding respondent’s attempt to weaken the usage labels by pointing to the qualifier “often,” as in “often offensive” indicating that it allows for contexts in which it would not be offensive, the usage labels for HEBE, KIKE GOOK, CHINK and NIGGER are all qualified by “usually,” yet it would be hard to imagine anyone feeling emboldened to adopt as a team name any one of these words based on the qualifier “usually.” Merriam-Webster’s Collegiate Dictionary (10th ed. 1998). The Board may take judicial notice of dictionary definitions. In re Red Bull GmbH, 78 USPQ2d 1375, 1378 (TTAB 2006). See also Nunberg Dep. p. 343-344 (TTABVue 81 pp. 236-237) “As for the ‘often’ that is sometimes added as a hedge and is even added to words whose status has disparaging epithets is beyond a question like ‘nigger.’ That’s usually used merely to make 179 60 Cancellation No. 92046185 8. From 1983 on, all dictionary entries in the Barnhart report include a usage label indicating the term is offensive, disparaging, contemptuous or not preferred.180 9. The National Congress of American Indians (NCAI) was founded in 1944.181 10. The record shows that NCAI began advocating against use of respondent’s name REDSKINS, in the 1960’s.182 11. The advocacy organization American Indian Movement (AIM) was founded in 1968 and its effort to rid sports teams of Indian names, including respondent’s name REDSKINS, has been ongoing for decades.183 an exception of the ironic uses of the word often by members of the group to whom it’s applied.” Barnhart Rept. (TTABVue 162, p. 26). Apart from respondent’s expert report, respondent points to a 1987 entry from the Oxford English Dictionary that does not have a usage label. However, the 1980 Oxford American Dictionary entry of record contains the usage label “contemptuous” and is obviously more probative on this point inasmuch as we are concerned about the meaning of language in the United States – not the English speaking world at large. (TTABVue 86, p. 76). Moreover, by 1989 even the Oxford English Dictionary added the usage label “not the preferred term.” (TTABVue 63, pp. 55-57). 180 181 Chase Dep. p. 34 (TTABVue 98, p. 40). Lakota Times (September 16, 1992) (“The National Congress of American Indians has been battling against the racist use of Indians as mascots for decades. The battle has been uphill all the way because mainstream America does not see the term [Redskins] as offensive – because they are not American Indians. … Mr. Deloria who directed NCAI in the 1960’s and spoke out on the mascot issue then ... The grounds for cancellation of the federal registration include: The term ‘Redskin’ … is ... disparaging.”) TTABVue 71, p. 89. See also NCAI Sentinel “NCAI Wages War on Indian Image” (Winter-Spring 1969) (campaign to combat negative images and references to Native Americans). TTABVue 48, pp. 80-82. See also letter from William B. Welles and Charles B. Kusen to Mr. Pete Rozelle (April 25, 1972) (commenting on “movement to change the familiar titles of many teams in the sports world,” including the “Redskins”) (TTABVue 77, p. 20). 182 Letter from Clyde H. Bellecourt, National Director of AIM and William A. Means President of International Indian Treaty Council to Jack Kent Cooke (December 20, 1992) (TTABVue 63, p. 172). See also The Evening Star (Washington D.C. Wednesday January 19, 1972) “the New American Indian Movement is considering a suit against the Washington Redskins ... [a]s for the Washington Redskins, the movement suggests that ‘insult is added to injury’ when the Redskins are sometimes referred to as ‘the Skins.’”) TTABVue 77, p. 14; Star Tribune (November 1, 1991) (“The American Indian Movement 183 61 Cancellation No. 92046185 12. Usage labels sometimes result from pressure groups trying to influence the lexicographer.184 and others have for decades urged professional teams to drop Indian names … . Indian activist Russell Means even sued the Cleveland Indians in 1972.”) (TTABVue 71, p. 21, 3335). Butters Report p. 5, (TTABVue 129, p. 41; 165 p. 8) (“Usage labels are subject to sociopolitical pressure. … [W]hat constitutes a significant-enough semantic change to warrant the revision of a dictionary entry is often a judgment call, one which is furthermore highly subject to overt and covert sociopolitical pressures, especially where possible changes in connotation and usage are concerned. ... ‘Quite simply, it is a concerted attempt by various pressure groups to force dictionary editors to … abandon the traditions of setting down the language as it is actually used, however, disagreeable, regrettable, or uncongenial the use.’”) p. 5-6, quoting Landau, Sydney, Dictionaries The Art and Craft of Lexicography (1984)). Barnhart Dep. p. 22 (“But some people that are in lexicography have been known to be less stalwart and have caved in to suggestions from non-editorial sources.”). (TTABVue 159, p. 25), see also Barnhart Dep. pp. 80-82 (TTABVue 159, pp. 82-83) and Barnhart 1997 Dep. pp. 200-201; 210-211 (TTABVue 161, pp. 20; 23). See also Nunberg Dep. pp. 331-339 (TTABVue 81, pp. 224-232). 184 Thus, as the referenced minority asserts itself through pressure groups, the general population “abandon[s] the traditions of setting down the language” as it uses the word. This is amply demonstrated by the record where the use of REDSKIN or REDSKINS is rampantly used in literature, newspapers and movies by the mainstream prior to the 1960’s to refer to Native Americans, and severely drops off, except as to the football team, after the 1960’s. Nunberg Rept. (TTABVue 108, p. 107), (TTABVue 83, p. 85). See also Butters Dep. Exh. 10 “How to Hate Thy Neighbor A Guide to Racist Maledicta Maledicta II” p. 169 (TTABVue 171, p. 18) (“Redskin Any Native American, after the red warpaint they traditionally wore when attacking white settlers. Formerly insulting, now seldom used except in connection with the Washington Redskins football team.”) Mr. Barnhart’s search of newspapers and other publications from 1969-1996 revealed only 2 percent of the uses of redskin were references to Native Americans. Barnhart Rept. (TTABVue 129, pp. 7, 17). As noted by Mr. Barnhart “In recent years the sensitivities of these people [Native Americans] have caused some speakers of English to adjust their usage of some of these terms accordingly.” (emphasis added) Barnhart Rept. (TTABVue 129, p. 15). He also acknowledges the trend in usage labels from “1965 to the present (1992).” “It is clear that in the last 18 years the opinions of the editors of dictionaries concerning the current usage of redskin is not uniformly agreed upon. For the first time since 1872 (when dictionaries began entering the term redskin), editors have begun to report some change in its use.” Id. Barnhart concludes the term redskin “is acceptable in both formal and informal speech or writing of educated people” yet his own research demonstrates that it is not so used, at least in written form from 1969-1996. Looking at Mr. Barnhart’s research in combination with Nunberg’s research, Mr. Barnhart’s unequivocal conclusion is in conflict with the underlying data. Similarly, Dr. Butter’s unequivocal conclusion that the term redskin is a “minor variant” for American Indian is contradicted by his acknowledgement of dictionaries labeling it as offensive 62 Cancellation No. 92046185 13. From the mid-1960’s to 1996, the word ‘redskin(s)’ has dropped out of written and most spoken language as a reference to Native Americans.185 14. From at least the mid-1960’s to 1996, the words ‘Native American,’ ‘Indian,’ and ‘American Indian’ are used in spoken and written language to refer to Native Americans.186 15. The usage labels appear and the use of the word redskin(s) disappears because it is increasingly recognized that the term is offensive and disparaging during the relevant time period as Native Americans raise awareness about the offensive nature of the term redskin(s). Native American Objection to Use of the Word Redskins for Football Teams 16. Since 1994, Jo Ann Chase has been the Executive Director of the NCAI.187 17. The membership of the NCAI consists of Native American tribes and individuals.188 during the relevant time period. Butters Dep. (TTABVue 163, pp. 10, 20); Butters Rept. (TTABVue 129, p. 51). Because the conclusions of Mr. Barnhart and Dr. Butters are in direct conflict with the usage labels and the disappearance of the term from American English, since the 1960’s, the time period with which we are concerned, we give their ultimate conclusions little weight. This is not in dispute see Pro-Football, 68 USPQ2d at 1234. Nunberg 2/18/97 Dep. (TTABVue 81, pp. 200-201); Barnhart Dep. (TTABVue 159, p. 72). The trial record includes evidence on this point up until 1996; the Harjo trial period ended on June 3, 1997. ProFootball, Inc. v. Harjo, 45 USPQ2d 1789 (TTAB 1998). Respondent points to Mr. Butter’s statement that the appearance of the term “redskins” in connection with its team in newspaper sport pages indicates that “they” (presumably the editors) find no pejorative connotations what[so]ever to the word.” Pet’rs’ Br. p. 28 quoting Butters Rebuttal Report (TTABVue 151). However, the fact that people other than the referenced group continue to use the term in one last context is not compelling evidence that the referenced group does not find it to be disparaging. 185 186 Id. 187 Chase Dep. p. 4 (TTABVue 98, p. 10). 63 Cancellation No. 92046185 18. Member tribes, through resolution, designate a delegate for the purpose of representing them in NCAI and voting on NCAI resolutions. 189 19. The Executive Council of NCAI consists of the official representative delegates of the member tribes of the organization.190 20. The Executive Council is the decision-making entity for the organization. 191 21. The member tribes vote on resolutions by voice vote which are usually unanimous.192 22. The quorum for the Executive Council is one third of the member tribes of the organization.193 23. The delegates attending the Executive Council vote on behalf of the tribes. 194 24. Resolutions are read out before the membership prior to the vote. 195 25. Resolutions are the policy of the NCAI.196 26. In 1996, 206 tribes were NCAI members.197 27. Approximately 150 tribes were members in 1993.198 NCAI By-Laws (TTABVue 83, p. 42). See also Chase Dep. p. 28, Ex. 108 (TTABVue 98, p. 34). 188 189 Chase Dep. p. 30. 190 Chase Dep. p. 30. 191 Chase Dep. p. 30. 192 Chase Dep. p. 42. 193 Chase Dep. p. 43, 44; By-Laws. 194 Chase Dep. p. 55. 195 Chase Dep. p. 62. 196 Chase Dep. p. 47. 197 Chase Dep. p. 54. 64 Cancellation No. 92046185 28. On January 18-19, 1993 NCAI passed resolution 93-11 which reads in pertinent part: NCAI is the oldest and largest intertribal organization nationwide representative of and advocate for national, regional, and local tribal concerns; … [T]he term REDSKINS is not and has never been one of honor or respect, but instead, it has always been and continues to be a pejorative, derogatory, denigrating, offensive, scandalous, contemptuous, disreputable, disparaging and racist designation for Native American’s [sic] and [T]he use of the registered service marks identified in Exhibit B to this resolution by the Washington Redskins football organization, has always been and continues to be offensive, disparaging, scandalous, and damaging to Native Americans.199 “The National Congress of American Indians, representing approximately 150 tribal governments, calls it a racial slur.” Statement to the [Miami] University Senate, Dr. Britton Harwood 1993 Minutes from University Senate April 5, 1993, (TTABVue 95, p. 19). See also The Voice (April 27, 1993) “Harwood Addresses U. Senate on ‘Redskin’ Issue” (“The National Congress of American Indians, representing approximately 150 tribal governments, calls it a racial slur.”) (TTABVue 95, p. 29); letter from Dale Pullen to Charlie Drayton wherein it is stated that NCAI represented 30 percent of the Native Americans in 1992. (TTABVue 98, at 111, TTABVue 142, p. 43) (shown as the Deloria Exhibit 35 also presented as exhibit 41 in the Chase deposition). In 1995, there were approximately 500 recognized tribes in the United States; 150 would have been about one third in 1993. 1995 Federal Register, respondent’s Notice of Reliance (TTABVue 151, pp. 57-63). Ms. Chase also testified that there were between 100 – 400 members at the time the resolution was taken. Chase Dep. p. 54. See also 1992 WTOP telephone survey of tribal leaders submitted by respondent, shows approximately 30 percent of tribal leaders found the name offensive and wanted it changed. John Kent Cooke Dep., Ex. 6 (TTABVue 149, pp. 43-68; TTABVue 156, pp. 11-38). 198 By contrast, the 1992 letters from “tribal leaders” submitted by respondent are purportedly from 6 tribes and the Inter-tribal Council resolution represents 5 tribes in Oklahoma. In addition, the letter from Mr. Roberts explicitly only references his personal belief and not the tribe’s collective opinion. (TTABVue 142, p. 36) (“If I were opposed to the football team name… The Washington Redskins is a team I admire … Thank you for this opportunity to express my views…”). National Congress of American Indians Est. 1944 Resolution No. Ex DC-93-11, (TTABVue 63, p. 71). 199 65 Cancellation No. 92046185 29. This resolution represents the view of the member tribes that the word REDSKINS has always been disparaging as used for the name of a football team, this includes 1967-1990.200 30. The president of NCAI is elected by the membership.201 31. In 1972 the president of NCAI, as a representative of NCAI, met with Edward Bennett Williams (then owner of the team) requesting that the team cease use of the name REDSKINS because it is disparaging.202 At oral hearing, in arguing that petitioners have not satisfied their burden by a preponderance of the evidence, respondent’s counsel noted the absence of resolutions from 1967 to 1990. Obviously, contemporaneous resolutions, from NCAI or other organizations or tribal bodies, would be significant evidence; however, given the evidence of record that corroborates that the views of past perception expressed in 1993 were also held in 1967, 1972, 1974, 1978 and 1990, we find the evidence of record to be sufficient. 200 201 NCAI By-laws (TTABVue 83, p. 43). Gross Dep. pp. 19-20 (TTABVue 79, pp. 181-182). Letter from Edward Bennett Williams to Commissioner Rozelle (March 30, 1972) (“I met with a delegation of American Indian leaders. … Among those who met with me yesterday were … Leon F. Cook, President, National Congress of American Indians.”) (TTABVue 105, p. 81); Gross Dep. pp. 19-20 (TTABVue 79, pp. 181-182). See also Washington Daily News (Thursday March 30, 1972) (From an article discussing the meeting with Edward Bennett Williams the following excerpt “After Petite’s fist shaking speech, Williams closed this first meeting with the American Indians who claim his team nickname, ‘Redskins’ is a racial slur. The eleven Indian representatives included ... Leon Cook, president of the National Congress of American Indians which claims a membership of 300,000; Dennis J. Banks, national chairman of the American Indian Movement.” (emphasis added) (TTABVue 48, p. 33); The Washington Post (Thursday March 30, 1972) (“A DELEGATION OF 11 people representing a variety of Indian organizations ... Among the group ... requesting that ‘the derogatory racial epithet ‘Redskins’’ be banished from the Washington sports scene were ...Leon Cook, president of the National Congress of American Indians which claims a membership of 350,000 Indians, according to the protesting group’s informal leader, Harold Gross, an attorney for another Indian organization.”) (emphasis added) (TTABVue 48, pp. 85-86). Harold Gross testified that he worked for NCAI in 1969 and would have first-hand knowledge as to the membership in that time period. Gross Dep. p. 37 (TTABVue 79, p. 199). 202 66 Cancellation No. 92046185 32. In 1972, the president of NCAI, along with others, requested that “the derogatory racial epithet “Redskins” be withdrawn as a team nickname… .”203 33. In 1972, NCAI represented approximately 300,000 Native Americans out of approximately 792,730.204 34. NCAI has been in existence since 1944 and between 1972 and 1993, a span of twenty years, the record shows that NCAI has represented approximately one third of Native Americans. It is reasonable to infer that NCAI represented approximately one third of Native Americans merely five years earlier in 1967. 35. NCAI objected to respondent’s use of the word REDSKINS in the late 1960’s.205 36. NCAI objected to respondent’s use of the word REDSKINS in 1972.206 37. NCAI objected to respondent’s use of the word REDSKINS in 1988.207 38. NCAI objected to respondent’s use of the word REDSKINS in 1992.208 “Recommendations to the Washington, D.C. Professional Football Team” (TTABVue 77, p. 9). Some of the others included Ron Aquilar, President of the Washington Chapter National Indian Youth Council. Mr. Aquilar, in his capacity as President of the Washington Chapter National Indian Youth Council sent a letter to the “Washington Redskin Football Team” objecting to the team name REDSKINS. (“I don’t see why it is so hard for people to understand why the word ‘Redskin’ is a racial slur, therefore degrading. This fact is established by the everyday racism towards my people ... Regardless of whether the word insults ten of us or ten thousand of us that is not the point.”) (TTABVue 77, p. 17). 203 Washington Daily News, supra, The Washington Post, supra; Gross Dep., supra. See also letter from Billy Kevin Gover, a “Comanche Indian from Oklahoma,” dated July 18, 1972, also indicating 300,000 Native Americans object to the name REDSKINS. (TTABVue 77, p. 6). “Historical Census Statistics on Population Totals by Race,” supra. 204 Lakota Times (TTABVue 71, p. 89). See also NCAI Sentinel (1969) (TTABVue 48, pp. 8082). 205 206 Gross Dep. pp. 19-20 (TTABVue 79, pp. 181-182). Michigan Civil Rights Commission Report (October 1988) (“The National Congress of American Indians, the oldest and largest national Indian group in the U.S. also supports this organization’s [Fan’s Against Indian Racism] efforts to have the Washington team’s name changed.”) (TTABVue 91, p. 101). 207 67 Cancellation No. 92046185 39. NCAI objected to respondent’s use of the word REDSKINS in 1993. CONCLUSIONS As noted above, as was found in the Harjo case, both by the Board and the District Court, and conceded by respondent, “the meaning of the matter in question,” retains the core meaning Native American when used as the name of respondent’s sports team. More specifically, the term “redskin(s)” as used by respondent in its registered marks when used in connection with professional football retains the “likely meaning” Native Americans. Much of respondent’s evidence is directed to the first part of the test. Respondent’s argument regarding “secondary meaning” in the sense that it has “a secondary or alternate meaning” denoting a football team, is not persuasive in that the “secondary meaning” has not stripped the word “redskins” of its “ethnic” meaning.209 See Squaw Valley, at 1282 (emphasis added) (Squaw Valley ski resort meaning of squaw is “likely meaning” “rather than the meaning of Native American woman or wife”).210 We turn then to the second question, “was the meaning one that may have disparaged” a substantial composite, which need not be a majority, of Native Americans, at the times of the registrations. The crux of this case is whether or not this record supports petitioners’ contention that the answer to that question is yes. Lakota Times (March 4, 1992) (“D.C. council to consider ‘Redskins’ protest”) (TTABVue 71, p. 71); Lakota Times (September 16, 1992) (“Action taken to chop ‘Redskins’ trademark”) (TTABVue 71, p. 89); The Circle (October 1992) (“National Coalition Challenges Federal Trademark Registrations”). 208 209 Pet'rs' Br. p. 26 n. 94. We further note that there was no evidence of use of Native American indicia in connection with the term “squaw” when used with ski-related goods. Squaw Valley, 80 USPQ2d at 1279. 210 68 Cancellation No. 92046185 Respondent contends that it does not and characterizes the record as, at most, showing a handful of individuals (the Harjo petitioners, the current petitioners, the letter writers, a few individuals from various organizations) who have their own individual opinion. Such a characterization, however, ignores, and is contradicted by the substantial evidence of record. NCAI Resolution 93-11 represents the views of a substantial composite of Native Americans. NCAI consists of member tribes from across the United States and they voice their collective opinion through the Executive Council by resolutions. A resolution from the oldest Native American organization composed of tribes from across the United States and structured in a manner to represent the collective opinion of its membership through resolutions is strong evidence of the views of Native Americans.211 The NCAI members throughout the relevant time period represent approximately 30 percent of Native Americans.212 This type of evidence is particularly useful here where the claim pertains to the views of a group rather than just an individual opinion. 211 The dissent points to Native American use of Indian imagery for sports teams. However, the evidence of various instances where predominantly Native American schools or groups have adopted other designs and/or words referencing Native Americans and/or Native American culture in connection with the schools or sports teams, has no relevance to the use of the word “Redskins.” E.g., Haskell Indian Nations University displaying an Indian head logo. The title of the newspaper article relied on by the dissent, in fact, supports the majority position: “‘Chop’ is spreading, but Indians Disagree on What is Offensive Most Decry ‘Redskins’ Nickname.” Star Tribune (Minn.), Nov. 1, 1991, at 2B, petitioners’ Notice of Reliance Ex. 20 (TTABVue 71, pp. 21, 33-35). In any event, the fact that differences of opinion exist within the group does not obviate a claim of disparagement. Heeb, 89 USPQ2d at 1077 (“Although some in the community may not find it disparaging, as noted above, the evidence shows that there is a substantial component of those in the named group who do.”). As discussed supra, the record clearly points to specific numbers throughout the time period. Therefore, the dissent’s statement at being “astound[ed] that the petitioners did not submit any evidence regarding the Native American population during the relevant time 212 69 Cancellation No. 92046185 The statement about Native Americans’ past views of the word REDSKINS in the 1993 resolution is corroborated by the meeting held with the former owner Edward Bennett Williams in 1972. At the meeting, the president of NCAI at the time, Mr. Leon Cook, represented that Native Americans find the term REDSKINS to be a racial slur. Respondent characterizes Mr. Cook’s views as solely his own and opines that he merely represented himself at this meeting. The president of NCAI is elected by the membership to represent them. It is unreasonable and illogical to characterize the views regarding something of importance to the members of an organization as only belonging to that individual president where he is attending in his capacity as the president of that organization. It is equally unreasonable and illogical to reduce Mr. Cook’s representative capacity in such a manner. His attendance at this meeting was, not surprisingly, referenced as representing an Indian organization, both by the press and by Mr. Williams himself.213 The trend in dictionary usage labels also corroborates the time frame of objections from Native Americans starting in the late sixties and continuing frame” and characterization of the evidence as “a house of cards,” is simply incorrect. Moreover, taking judicial notice of the U.S. Census population statistics did not require any “gyrations.” As noted earlier, while more evidence would provide more support, the existing record shows, by a preponderance of the evidence, that a substantial composite of the referenced group found the term disparaging during the relevant time period when used in connection with respondent’s services and respondent has not rebutted that showing by providing a handful of examples of some members of the referenced group holding a different opinion. Heeb, 89 USPQ2d at 1070. See also West Fla. Seafood, Inc. v. Jet Restaurants, 31 USPQ2d at 1663 (Board should look at evidence as a whole to recognize “clear interrelationships existing between the several pieces of evidence submitted.”) Mr. Williams appropriately refers to them as “a delegation of American Indian leaders….” Letter from Edward Bennett Williams to Commissioner Pete Rozelle (March 30, 1972), (TTABVue 105, p. 81). See also Washington Post (March 30, 1972) (TTABVue 48, pp. 85-86). 213 70 Cancellation No. 92046185 through the nineties as lexicographers begin and finally uniformly label the term as “offensive” or “disparaging.”214 The recognition that this racial designation based on skin color is disparaging to Native Americans is also demonstrated by the near complete drop-off in usage of “redskins” as a reference to Native Americans beginning in the 1960’s. The record establishes that, at a minimum, approximately thirty percent of Native Americans found the term REDSKINS used in connection with respondent’s services to be disparaging at all times including 1967, 1972, 1974, 1978 and 1990. Section 2(a) prohibits registration of matter that disparages a substantial composite, which need not be a majority, of the referenced group. Thirty percent is without doubt a substantial composite. To determine otherwise means it is acceptable to subject to disparagement 1 out of every 3 individuals, or as in this case approximately 626,095 out of 1,878,285 in 1990.215 There is nothing in the Trademark Act, which expressly prohibits registration of disparaging terms, or in See Chicago Tribune (May 21, 1992) (“In pros or preps, ‘Redskins’ a slur” … “And let there be no doubt that ‘redskin’ is a vile word. Contemporary dictionaries acknowledge it as a disparaging and offensive slang term”) (TTABVue 71, p. 82). 214 “Historical Census Statistics on Population Totals by Race,” supra. In this regard we note that, in commenting on the results of the WTOP survey where 28 percent of tribal leaders voiced objection to the word REDSKINS for the name of a football team, Mr. Vaughn, as an employee of respondent, voiced the opinion that it was a “favorative [sic] response to the name ‘the Redskins’ being used by the Washington football team among citizens of this area and also among Native Americans.” Vaughn Dep. p. 70 (TTABVue 158, p. 73). This indicates an acceptance by respondent of the possibility of disparaging approximately one third of Native Americans. Respondent’s argument, contrary to established precedent, that a substantial composite should be a majority of the referenced group reflects this attitude, i.e., that it is acceptable to disparage up to forty-nine percent of Native Americans. Resp. Br. p. 21. This is clearly in direct contradiction to the legal test enunciated by our primary reviewing court and as set forth in our pretrial order. 215 71 Cancellation No. 92046185 its legislative history, to permit that level of disparagement of a group and, therefore, we find this showing of thirty percent to be more than substantial. Respondent has introduced evidence that some in the Native American community do not find the term “Redskin” disparaging when it is used in connection with professional football. While this may reveal differing opinions within the community, it does not negate the opinions of those who find it disparaging. The ultimate decision is based on whether the evidence shows that a substantial composite of the Native American population found the term “Redskins” to be disparaging when the respective registrations issued. Heeb Media LLC, 89 USPQ2d at 1077. Therefore, once a substantial composite has been found, the mere existence of differing opinions cannot change the conclusion. In view of the above, petitioners have shown by a preponderance of the evidence that a substantial composite of Native Americans found the term REDSKINS to be disparaging in connection with respondent’s services during the relevant time frame of 1967-1990. Accordingly, the six registrations must be cancelled as required under Sections 2(a) and 14(3) of the Trademark Act. 216 The District Court also expressed concern that the Board was silent as to “whether it paid cautious heed to the admonition that in proceedings where a party has waited longer to bring a cancellation petition, that party has a very serious burden of making its case, even though the standard of proof is not technically different and remains ‘a preponderance of the evidence.’” Pro-Football, Inc. v. Harjo, 68 USPQ2d at 1246. As stated in Rockwood Chocolate Co., Inc. v. Hoffman Candy Co., 152 USPQ at 601, the Board exercises due caution in making a determination to cancel a registration, in particular, registrations that have existed for decades. We note, however, that although the first attempt to cancel the registrations did not occur until 1992, the out of court challenge to use of the marks in the six registrations, based on this record, has been ongoing for several decades. Respondent was not blindsided by either Harjo or this proceeding, but merely faces the inevitable use by petitioners of a predictable legal option, employed after requests and protests did not result in discontinuation of the use and registration of the term REDSKINS. 216 72 Cancellation No. 92046185 LACHES DEFENSE In Harjo v. Pro Football, Inc., 30 USPQ2d 1828, the Board held that respondent’s laches defense was not applicable because there was a public policy interest at stake rather than just the petitioners’ personal interest. [T]here exists a broader interest – an interest beyond the personal interest being asserted by the present petitioners – in preventing a party from receiving the benefits of registration where a trial might show that respondent’s marks hold a substantial segment of society up to public ridicule, [and] we will not deny petitioner the right to attempt to make their case by allowing respondent’s equitable defenses [laches]. Id. at 1831. On appeal, however, the U.S. District Court for the District of Columbia reversed the Board and held that the Trademark Act does not unequivocally bar respondent’s laches defense and permitted respondent to assert laches as an affirmative defense. Pro-Football, Inc. v. Harjo, 57 USPQ2d at 1145, aff’d, 75 USPQ2d at 1527. Nevertheless, the District Court noted that the applicability of laches “is dependent upon the equities of the factual scenarios within which it is raised.” 57 USPQ2d at 1145. In the order issued in this case on May 31, 2011, the Board stated that “[b]ecause … this cancellation proceeding is essentially a relitigation of what transpired in the Harjo case before the Board, we will follow the precedent of the D.C. Circuit Court of Appeals in Pro-Football, Inc. v. Harjo, 75 USPQ2d at 1527 in allowing the defense of laches in this case … and to the extent 73 Cancellation No. 92046185 that petitioners maintain that laches does not provide a defense to a disparagement claim, this issue is preserved for appeal.”217 The America Invents Act, enacted in September 2011, changed the venue for appeals to District Court from USPTO inter partes proceedings to the U.S. District Court for the Eastern District of Virginia from the U.S. District Court of the District of Columbia. See Pub. L. No. 112-29 § 9(a), 125 Stat. 284 (2011) (to be codified at 15 U.S.C. § 1071(b)(4)). Accordingly, subsequent judicial review of this dispute, if any, will occur either in the U.S. District Court for the Eastern District of Virginia in the Fourth Circuit or in the Court of Appeals for the Federal Circuit, but not in the D.C. Circuit. In view thereof, petitioners filed a motion to reconsider the legal standard for laches in light of the America Invents Act.218 Although the Board earlier ordered that “any motion or brief including a reargument of a previously decided issue in this proceeding will be deemed to be a nonconforming brief and will be given no consideration,”219 and specified that the decision in the May 31, 2011 Order regarding laches was a final decision on the applicability of the defense, we find that the passage of the America Invents Act sufficiently changes the circumstances in this case so as to justify revisiting the issue. We hold that laches does not apply to a disparagement claim where the disparagement pertains to a group of which the individual plaintiff or plaintiffs 217 Board’s May 31, 2011 Order, p. 12 n.6 (TTABVue 40) (internal quotations omitted). 218 TTABVue 178. 219 May 5, 2011 Order, p. 4 (TTABVue 39). 74 Cancellation No. 92046185 simply comprise one or more members. First, laches is an equitable defense. A.C. Aukerman Co. v. R. L. Chaides Constr. Co., 960 F.2d 1020, 22 USPQ2d 1321, 1328 (Fed. Cir. 1992) (en banc). It is difficult to justify a balancing of equities where a registrant’s financial interest is weighed against human dignity. To apply laches to this type of claim contemplates the retention on the register of a mark determined by the Board to be a racial slur, in blatant violation of the Trademark Act’s prohibition against registration of such matter, merely because an individual plaintiff “unreasonably delayed” in filing a petition to cancel. For example, if Reg. No. 217,067, renewed in 1946 for twenty years, i.e., until 1966, for the mark NIGGER BABY BRAND for oranges and grapefruit were still active, individual members of the group referenced by such matter would be barred from seeking cancellation if they “unreasonably delayed” in seeking such relief.220 We add that the decision of the Court of Appeals for the District of Columbia Circuit, even though it countenanced application of laches in the Harjo decision, actually provides support for not applying the doctrine in cases such as this. If plaintiffs are created every day as individual members of the referenced group mature to age 18, the laches defense will never yield the registrant of a racial slur the repose it seeks.221 Second, courts and the Board have routinely held that where there is a broader public policy concern at issue, the equitable defense of laches does not apply. See Ultra-White Co. v. Johnson Chem. Indus., Inc., 465 F.2d 891, 175 USPQ 220 TTABVue 61, p. 38. As succinctly expressed in Ms. Whitehead’s 1993 letter, this is an issue that “will not go away.” Petitioners’ Notice of Reliance Ex 5 (TTABVue 67, p. 130). 221 75 Cancellation No. 92046185 166, 167 (CCPA 1972) (public interest in preventing likelihood of confusion prevails over a laches defense); Linville v. Rivard, 41 USPQ2d 1731, 1733 n. 5 (TTAB 1997), aff’d on other grounds, 133 F.3d 1446, 45 USPQ 1374 (Fed. Cir. 1998) (laches is unavailable against abandonment); Bausch & Lomb, Inc. v. Leupold & Stevens Inc., 1 USPQ2d 1497, 1499 (TTAB 1986) (laches is not available against a claim of descriptiveness or fraud); Int’l Assn. of Fire Chiefs, Inc. v. H. Marvin Ginn Corp., 225 USPQ 940, 947 (TTAB 1985), rev’d on other grounds, 782 F.2d 987, 228 USPQ 528 (Fed. Cir. 1986) (laches is not available where the petition to cancel is based on genericness of the registered matter because it would frustrate Section 14(c) of the Trademark Act that a registered mark may be cancelled at any time on the ground that it is generic); W.D. Byron & Sons, Inc. v. Stein Bros. Mfg. Co., 146 USPQ 313, 316 (TTAB 1965), aff’d, 377 F.2d 1001, 153 USPQ 749 (CCPA 1967) (“laches is not available to a defendant in a proceeding wherein, as here, the adverse party is claiming in essence that the mark in question inherently cannot function as a trademark” because “it is within the public interest to have registrations which are void ab initio stricken from the register and this interest or concern cannot be waived by the inaction of a single person or concern, no matter how long the delay persists.”); Midwest Plastic Fabricators, Inc. v. Underwriters Laboratories, Inc., 5 USPQ2d 1067, 1069 (TTAB 1987) (laches does not apply against a claim that respondent does not control the use of a certification mark because of the public interest in making sure that certification marks are properly controlled); compare Bridgestone/Firestone Research Inc. v. Auto. Club, 245 F.3d 1359, 58 USPQ2d 1460, 76 Cancellation No. 92046185 1463-64 (Fed. Cir. 2001) (laches may be an affirmative defense against a Section 2(a) false suggestion of a connection claim because it is designed to protect a single person or institution from exploitation of their persona, not to protect the public or a broader group). In this case, it cannot be disputed that there exists a broader public interest than that of the individual petitioners in preventing respondent from receiving the benefits of registration because respondent’s marks may have disparaged a substantial composite of Native Americans at the time. The fact that this claim falls within the category of claims that pertain to a broader public interest is made clear by the elements of the claim that plaintiffs must prove, i.e., that a substantial composite of the referenced group find the term to be disparaging. Thus, there is an overriding public interest in removing from the register marks that are disparaging to a segment of the population beyond the individual petitioners. While the Fourth Circuit has not addressed whether laches applies to a claim that a term disparages a substantial composite of an ethnic or cultural group, the decisions of the Fourth Circuit prohibiting laches when confusion is inevitable suggest that the Fourth Circuit would prohibit the affirmative defense of laches in this case. See Sara Lee Corp. v. Kayser-Roth Corp., 81 F.3d 455, 38 USPQ2d 1449, 1453 (4th Cir. 1996) (“in consideration of the public interest, estoppel by laches may not be invoked to deny injunctive relief if it is apparent that the infringing use is likely to cause confusion.”). In Sara Lee, the Fourth Circuit reversed the lower District Court because “the court did not consider the public interest in avoiding 77 Cancellation No. 92046185 confusion.” Id.; see Lyons P’ship L.P. v. Morris Costumes Inc., 243 F.3d 789, 58 USPQ2d 1102, 1108 (4th Cir. 2001); Resorts of Pinehurst, Inc. v. Pinehurst Nat’l Corp., 148 F.3d 417, 47 USPQ2d 1465, 1469 (4th Cir. 1998) (“strong proof of likelihood of confusion—indeed, actual confusion—trumps the defenses of laches and acquiescence.”). However, if it was held in any appeal from this decision that the doctrine were to apply, to prevail on its laches defense, respondent must prove that there was undue or unreasonable delay by each of the petitioners in filing the petition for cancellation, and prejudice to respondent resulting from the delay. Bridgestone/Firestone v. Auto. Club, 58 USPQ2d at 1462; see also A.C. Aukerman Co., 22 USPQ2d at 1328) (there are two elements to laches: (i) unreasonable and inexcusable delay and (ii) prejudice or injury to the defendant). The application of laches depends on a balancing of the length of the delay and the seriousness of the prejudice with a focus on the reasonableness of the delay. Id. at 1329. On this record, we find that respondent has not shown (1) that any one of the plaintiffs has unreasonably delayed in bringing the petition to cancel, in view of the pending Harjo litigation because the pendency of that case in court excused inaction; (2) that the 11 and 15 month delays by plaintiffs Tsotigh and Pappan were inexcusable or unreasonable; or (3) that is has been prejudiced, i.e., that there has been economic prejudice due to the delay. 78 Cancellation No. 92046185 Amanda Blackhorse turned 18 on February 20, 2000.222 Phillip Martin Gover turned 18 on October 1, 2000.223 Courtney Tsotigh turned 18 on August 22, 2005.224 Marcus Briggs-Cloud turned 18 on December 31, 2001.225 Jillian Pappan turned 18 on May 9, 2005.226 The pending Harjo litigation provided excusable delay at least until June 2008, i.e., for the entire period that case was pending, until the District Court issued its final opinion on the issue of laches as to one plaintiff.227 In 2005, the D.C. Circuit retained jurisdiction over the case, including the pending appeal of the decision on the disparagement claim, and remanded the case to the District Court to apply the defense of laches, incorporating the age of majority requirement, to one plaintiff. Pro-Football Inc. v. Harjo, 415 F.3d 44, 75 USPQ2d 1525, 1529 (D.C. Cir. 2005); Pro-Football Inc. v. Harjo, 567 F. Supp. 2d 46, 87 USPQ2d 1891, 1893 (D.D.C. 2008). However, the appeal of the disparagement claim was never addressed by the D.C. Circuit apparently because it was “overshadowed by the defense of laches.” Pro-Football v. Harjo, 565 F.3d 880, 90 USPQ2d 1593, 1594 (D.C. Cir. 2009). After the District Court found laches applied to the remaining plaintiff, that decision was appealed and the D.C. Circuit narrowed its decision to only that issue. 222 Blackhorse Dep. 7:16-18 (TTABVue 122, p. 15). 223 Gover Dep. 11:10-12 (TTABVue 120, p. 17). 224 Tsotigh Dep. 23:2-18 (TTABVue 115, p. 29). 225 Briggs-Cloud Dep. 41:5-6 (TTABVue 110, p. 47). 226 Pappan Dep., p. 80:20-22 (TTABVue 112, p. 84). As discussed supra, the District Court had earlier found laches as to all the Harjo plaintiffs, but the D.C. Circuit remanded for further consideration as to one plaintiff. 227 79 Cancellation No. 92046185 Notwithstanding the pending Harjo litigation, Pappan and Tsotigh were young adults and were entitled to assess the situation and determine whether it was in their best interest to file the petition for cancellation and then act in accordance with that assessment. Respondent has shown nothing more than a minimal delay in seeking cancellation. In this regard, respondent has not cited, nor have we found, any cases supporting such a minimal delay as being sufficient to support laches. See Piper Aircraft Corp. v. Wag-Aero, Inc., 741 F.2d 925, 223 USPQ 202, 207 (7th Cir. 1984) (“We note that two years has rarely, if ever, been held to be a delay of sufficient length to establish laches.”). As of 1999, when the Board issued its decision in Harjo to cancel the registrations, the status of those registrations was in question up until, at least, the District Court’s decision on remand in 2008. Throughout this time, as the record demonstrates, respondent continued to invest and build its brand. Respondent’s evidence of purported economic prejudice covers the alleged delay period 20002006/7 which is concurrent with the pending Harjo litigation. Thus, it is impossible to distinguish the possible monetary or investment loss that might have accompanied ultimately losing the Harjo case from losses that might be incurred as a result of ultimately losing the subsequent Blackhorse case filed during the pendency of the Harjo litigation. Clearly respondent was not deterred by Harjo from investing in its brand, and an adverse decision in the present litigation would not have prevented respondent’s loss of monetary investments had the current plaintiffs brought their suit earlier, inasmuch as it still would, of necessity, have 80 Cancellation No. 92046185 been after Harjo began in order for them to reach the age of majority. While specific evidence of reliance is not required to show prejudice, there must be some nexus between a delay in filing the suit and the expenditures. A.C. Aukerman Co. v. R. L. Chaides Construction Co., 22 USPQ2d at 1329. There is nothing in the record to indicate that respondent’s business decisions regarding investment in its brand and marks has been influenced in any way by the pendency of this cancellation proceeding. In view of the above, respondent’s invocation of the laches defense fails. Decision: The petition for cancellation is granted. Bergsman, Administrative Trademark Judge, dissenting: I respectfully dissent from the majority’s decision to grant the petition on the claim of disparagement because the dictionary evidence relied upon by the majority is inconclusive and there is no reliable evidence to corroborate the membership of National Council of American Indians. To be clear, this case is not about the controversy, currently playing out in the media, over whether the term “redskins,” as the name of Washington’s professional football team, is disparaging to Native Americans today. The provisions of the statute under which the Board must decide this case – §§ 2(a) and 14(3) of the Trademark Act, 15 U.S.C. §§ 1052(a) and 1064(3) – require us to answer a much narrower, legal question: whether the evidence made of record in this case establishes that the term “redskins” was disparaging to a substantial composite of 81 Cancellation No. 92046185 Native Americans at the time each of the challenged registrations issued.228 See generally Consorzio del Proscuitto di Parma v. Parma Sausage Prods., Inc., 23 USPQ2d 1894, 1898-99 (TTAB 1992) (discussing the language of Lanham Act § 14(3) and explaining that the “registration was obtained” language Congress used to specify when a registration for a mark may be cancelled under the enumerated statutory provisions, such as § 2(a), “shows an intent that only if it should not have issued in the first place should a registration more than five years old be cancelled”). The new petitioners here have filed a petition to cancel the same registrations on one of the same grounds asserted in the Harjo cancellation proceeding originally filed with the Board. Not only is this claim the same as one in the Harjo cancellation proceeding, but the evidence relating to whether the term “redskins” was disparaging to Native Americans during the relevant time period predominantly is the same as well. As noted by the majority, in this case the new petitioners re-submitted most of the same evidence that the Harjo petitioners submitted—evidence which the district court previously ruled was insufficient to support an order to cancel the challenged registrations as disparaging. The evidence from Harjo was augmented by depositions of the individual petitioners Nor is this case about whether respondent may continue to use the term “redskins” as the name of a professional football team. As observed by the majority, our jurisdiction is limited to deciding only whether the marks that are the subject of this proceeding may continue to be registered. We have no authority to compel parties to cease use of marks. 228 82 Cancellation No. 92046185 here, each of whom testified that they found the term “redskins” in the challenged marks offensive.229 Thus, beyond the statutory constraint that the Board can decide only whether the marks can remain registered, the Board’s decision also is constrained by the evidence placed before it. The new petitioners in this proceeding made the decision to simply re-use the trial record from the previous Harjo litigation, without substantial augmentation. The D.C. Circuit Court of Appeals did not overturn the district court’s ruling in Harjo II that the evidence introduced at the Board in the Harjo cancellation proceeding was insufficient to support the Board’s decision in that case. Nor has the passage of time aided what could be described as a stale record. The consequence of petitioners’ decision to rely on the same evidence previously found insufficient to support cancellation without substantial augmentation is that the evidence before the Board in this case remains insufficient as well. By this dissent, I am not suggesting that the term “redskins” was not disparaging in 1967, 1974, 1978, and 1990 (the registration dates at issue). Rather, my conclusion is that the evidence petitioners put forth fails to show that it was. THE RECORD The evidence submitted by petitioners can most charitably be characterized as a database dump. Despite the fact that the Board conducted a case management conference and issued an order “to clarify the applicable law prior to trial to allow 229 The petitioners did not resubmit the depositions of the Harjo petitioners in this case. 83 Cancellation No. 92046185 the parties to focus their testimony and evidence on facts relevant to the legal issues,”230 petitioners submitted the entire Harjo file and even lodged objections to the evidence that they submitted. There was no order or structure to petitioners’ evidence that told a compelling story or presented a coherent case. One need look no further than gyrations the majority employed to establish the membership of the National Council of American Indians. It is astounding that the petitioners did not submit any evidence regarding the Native American population during the relevant time frame, nor did they introduce any evidence or argument as to what comprises a substantial composite of that population thereby leaving it to the majority to make petitioners’ case have some semblance of meaning. DISPARAGEMENT CLAIM Expert Reports As noted above, Dr. Geoffrey Nunberg, Dr. Ronald Butters, and David K. Barnhart were qualified as expert witnesses in linguistics, none of whom specifically researched the Native American viewpoint of the word “redskin(s)” in connection with football-related services during any time period.231 Despite the fact that the issue before us is how Native Americans perceive the term “Redskins,” we are presented with the expert testimony of three non-Native American men opining on how other presumptively non-Native American men and women (i.e., the editorial staff of dictionary publishers) perceive the term “Redskins.” May 31, 2011 order summarizing pretrial conference (TTABVue 40). Petitioners also resubmitted the Ross Survey which the Board and the district court both held had little, if any, probative value. 230 231 See supra note 49. 84 Cancellation No. 92046185 The majority notes that when Mr. Barnhart was asked whether the term “darky” is derogatory, he said that “[d]epending on the context, yes.”232 Likewise, we must determine how Native Americans perceive the term “Redskins” when used in connection with the name of a football team. In this regard, the record includes evidence, albeit one example after the relevant time period, regarding Native Americans using the term “Redskins” to identify the name of their sports teams. The record includes the following material: a. A sign at a Navajo Indian Reservation school: Red Mesa High School Home of the Redskins, with the photograph taken in 1989 and sent by Robert D. Kahn to Jack Kent Cooke on November 4, 1991;233 and b. A sports article in the April 30, 2010 issue of the Seminole Tribune (Fla.), referencing the “Lady Redskins” as one of the teams involved in a tribal basketball tournament.234 To the extent that post-1990 evidence has any relevance, it shows Native Americans using the term “Redskins” in a prideful way to identify their teams.235 We can imply from the use of “Redskins” by Native Americans in connection with the name of sports teams that the context in which “Redskins” is used changes 232 Barnhart Dep., pp. 71-72 (TTABVue 159, pp. 74-75). Letter from Robert D. Kahn to Jack Kent Cooke (Nov. 4, 1991), Respondent’s Notice of Reliance, Ex. 33 (TTABVue 143, pp. 6-8). 233 Marcus Anthony Briggs-Cloud Dep. 67:20-68:14, 72:14-73:18, June 23, 2011 (TTABVue 121, pp. 73-74, 78-79); Briggs-Cloud Dep. Ex. 3 (Chris C. Jenkins, Son, Daughter Celebrated in Memorial Tourneys, SEMINOLE TRIBUNE (FLA.), Apr. 30, 2010, at 1C) (TTABVue 121, p. 24). 234 As noted above, this evidence was introduced into the record by petitioners because they believed it was relevant. 235 85 Cancellation No. 92046185 the perception of the term. Thus, for example, when a dictionary usage label says “often offensive,” the usage label would not encompass use of the term “Redskins” in connection with a team name because that would not be offensive to Native Americans who identify their teams with the name “Redskins.” See the discussion about dictionary usage labels infra. Petitioners also introduced testimony and evidence regarding Native Americans using other references to Native Americans and Native American imagery in connection with sports teams. This testimony and evidence introduced into this record by petitioners is relevant to show that the commercial impression or perception of a term or image changes in connection with its use. For example, the record includes the following: a. A sign at a Navaho Indian Reservation school: Round Rock Public School Fighting Braves with an Indian logo, with comments on the back of the photograph indicating that the image was captured on June 10, 1994;236 b. A sign at a Navajo Indian Reservation school: Tuba City High Warriors with an Indian head logo, with comments on the back of the photograph indicating that the image was captured on June 10, 1994;237 c. An article in the November 1, 1991 issue of the Star Tribune238 reported the following: 236 Respondent’s Notice of Reliance, Ex. 37 (TTABVue 143, pp. 15-16). 237 Respondent’s Notice of Reliance, Ex. 38 (TTABVue 143, pp. 17-18). Pat Doyle, ‘Chop’ is Spreading, but Indians Disagree on What is Offensive Most Decry 'Redskins’ Nickname, STAR TRIBUNE (Minn.), Nov. 1, 1991, at 2B, Petitioners’ Notice of Reliance, Ex. 20 (TTABVue 71, pp. 21, 33-35). 238 86 Cancellation No. 92046185 [A]ttempts by the Department of Education to order all schools to discard Indian nicknames failed because leading tribal officials objected. They said schools with large Indian enrollments often took pride in the names. The tribal leaders cited Mahnomen High School, where the enrollment is 39 percent Indian. It’s located within White Earth reservation boundaries. Mahnomen’s nickname is Indians; d. The website of the Omaha Nation public school system239 displaying the legend “Home of the Chiefs & Lady Chiefs,” featuring teepees and an Indian head logo, and providing issues of its online publication, Chief Times;240 e. A webpage from the Haskell Indian Nations University displaying an Indian head logo;241 f. Various Native American images are shown as logos for Flandreau Indian School, a Bureau of Indian Affairs boarding school located in Flandreau, South Dakota.242 The Omaha are a Native American tribe and the Omaha Nation public schools are located in Macy, Nebraska. Briggs-Cloud Dep. 174:6-18 (TTABVue 120, p. 180); Gover Dep. Ex. 18 (Welcome to the Home of the Chiefs & Lady Chiefs, Omaha Nation Public Sch. website) (printed June 10, 2011) (TTABVue 118, pp. 49-51). 239 Gover Dep. Ex. 19 (Chief Times, vol. 1, issue 17, Omaha Nation Public Sch. website) (printed June 10, 2011) (TTABVue 118, pp. 52-55). Petitioner Phillip Gover testified that he was not aware of the school or the school’s team name. Gover Dep. 173:4-173:17 (TTABVue 120, pp. 178-79). 240 Blackhorse Dep. Ex. 2 (Haskell Logos, Haskell Indian Nations Univ. website) (printed June 19, 2011) (TTABVue 123, p. 29); Blackhorse Dep. 39:22-40:8, June 22, 2011 (TTABVue 122, pp. 47-48). Haskell Indian Nations University is located in Lawrence, Kansas. Blackhorse Dep. 26:12-13 (TTABVue 122, p. 34). 241 Pappan Dep. 16:8-16, 36:13-14, 73:19-76:6, Aug. 11, 2011 (TTABVue 112, pp. 20, 40, 7780), Pappan Dep. Exhibits 4-6 (TTABVue 113, pp. 27-29). A Bureau of Indian Affairs school “means 100 percent Native Americans attend this school.” Pappan Dep. 46:15-18. 242 87 Cancellation No. 92046185 The Flandreau Indian School’s nickname is the “Indians” and, as shown by the image above, the school has an Indian head logo.243 The Flandreau Indian School’s girls’ basketball team is nicknamed the “Lady Indians” and another team in its league is nicknamed the “Mighty Braves;”244 and g. The Sherman Indian High School, a Bureau of Indian Affairs school located in Riverside, California,245 has an Indian head logo, shown by the image below:246 The school’s nickname is the “Braves.”247 Pappan Dep. 60:20-25 (TTABVue 112, p. 64); Pappan Dep. Exhibits 4-6 (TTABVue 113, pp. 27-29). 243 244 Pappan Dep. 76:15-21 (TTABVue 112, p. 80). 245 Pappan Dep. 37:2-10, 46:13-18 (TTABVue 112, pp. 41, 50). 246 Pappan Dep. Ex. 2 (TTABVue 113, p. 25). 247 Pappan Dep. 43:24-44:13, 54:24-57:24 (TTABVue 112, pp. 47-48, 58-61). 88 Cancellation No. 92046185 Petitioner Jillian Pappan, a Native American of the Omaha Tribe of Macy, Nebraska,248 provided the following testimony regarding the use of Native American imagery in connection with sports teams: The Sherman Indian School logo is an attempt by a Native American school to show their pride, to show their honor, and I say ‘attempt’ because there are people that will misuse it. * * * The Sherman Indian School, I understand that they want to preserve heritage and preserve culture and it’s a good idea but at the end of the day that’s not the way to do it.249 The record does not show any evidence or testimony of any actual effort, past or present, at any of the named Native American schools to have the Indian namesakes or imagery changed as school nicknames and logos. Based on this record, there is a difference between what petitioners’ linguistic expert concludes regarding the meaning of the term “Redskins” and the empirical evidence regarding how Native Americans use that term in connection with name of sports teams. Dictionary Usage Labels for “Redskins” Entries Keeping in mind that Registration No. 0836122 for the mark THE REDSKINS (stylized), shown below, issued September 26, 1967, Pappan Dep. Ex. 1: Resp. to Respondent’s First Set of Interrogs., No. 3, at 6 (TTABVue 113, p. 9). 248 249 Pappan Dep. 59:24-60:4, 60:11-15 (TTABVue 112, pp. 63-64). 89 Cancellation No. 92046185 Registration No. 0978824 for the mark WASHINGTON REDSKINS, in typed drawing form, issued February 12, 1974, Registration No. 0986668 for the mark WASHINGTON REDSKINS and design, shown below, issued June 18, 1974, Registration No. 0987127 for the mark THE REDSKINS and design, shown below, issued June 25, 1974, and Registration No. 1085092 for the mark REDSKINS, in typed drawing form, issued February 7, 1978, let us examine the survey of dictionary usage labels. The majority references the dictionary research conducted by Mr. Barnhart. He found no restrictive usage labels for the term “redskin” in any dictionaries prior to 1965. Beginning in 1966 Mr. Barnhart’s dictionary entries start to include usage labels indicating the term is offensive. See Random House Unabridged (1st ed. 1966). However, the record includes a copy of the 1967 Random House Unabridged Dictionary. There is no copy of the 1966 edition. Thus, at the time Registration No. 0836122 registered, there was purportedly only one dictionary with a usage label 90 Cancellation No. 92046185 that stated the term “Redskin” is “often offensive,” meaning that it is not always offensive and leaving open the possibility that “Redskins” is not considered offensive when used in connection with the name of a football team. According to Mr. Barnhart’s survey, between 1966 and 1979, only one additional dictionary published a negative usage label regarding the term “Redskin”; that is, the Thorndike-Barnhart Intermediate Dictionary (1974), noting that “the word redskin is often considered offensive.”250 Thus, at the time Registration Nos. 0978824, 0986668, 0986668, and 1085092 registered, there were two dictionaries with usage labels stating that the term “Redskin” is “often offensive,” again meaning that it is not always offensive and leaving open the possibility that “Redskins” is not considered offensive when used in connection with the name of a football team. Based on the above-noted evidence, the majority found that there is a “clear trend beginning in 1966 to label this term as offensive.” However, at the relevant times (1967, 1974 and 1978), that “clear trend” comprised only two dictionaries. Two does not make a trend. In fact the next dictionary to set forth a negative usage label was the 1980 Oxford American Dictionary,251 six years after the 1974 Thorndike-Barnhart Intermediate Dictionary. The evidence does not support the Barnhart Expert Report (June 8, 1996), Barnhart Ex. 3 (TTABVue 162, pp. 26-27). Mr. Barnhart was an associate editor of the Thorndike-Barnhart school dictionaries (1966-1980) and the general editor of THE BARNHART DICTIONARY OF NEW ENGLISH SINCE 1963 (1973), THE SECOND BARNHART DICTIONARY OF NEW ENGLISH (1980), and THE THIRD BARNHART DICTIONARY OF NEW ENGLISH (1990). Id. (TTABVue 162, p. 14). He is the son of Clarence Barnhart, a noted American lexicographer. Barnhart Dep. 23:14-16 (TTABVue 159, p. 26). 250 251 Id. 91 Cancellation No. 92046185 majority’s finding of fact No. 7 that “[b]eginning in 1966 and continuing to 1990, usage labels in dictionaries indicating the term REDSKINS to be offensive, disparaging, contemptuous or not preferred appear and grow in number,” as applied to Registration Nos. 0836122, 0978824, 0986668, 0986668, and 1085092.252 The dictionary evidence is not sufficiently probative to justify cancelling respondent’s registrations when, as noted by the majority, any cancellation of a registration should be granted only with “due caution” and “after a most careful study of all the facts.” Rockwood Chocolate Co., Inc. v. Hoffman Candy Co., 152 USPQ at 601. Use of the term Redskins in Various Media The majority references Dr. Nunberg’s survey of electronic databases from major newspapers and magazines published between approximately 1975 through 1989 to glean information about the use of the word “redskins” in the context of Native Americans.” Because Dr. Nunberg’s survey begins in 1975, the conclusions he draws are not relevant to Registration No. 0836122 registered in 1967 and Registration Nos. 0978824, 0986668, and 0986668 registered in 1974. Mr. Barnhart conducted a similar search using a Nexis electronic database group file featuring major newspapers, magazines and journals published between 1969 and 1996.253 He found that the term “redskin” or “redskins” appeared at least The majority’s finding of fact No. 15 regarding dictionary usage labels is not relevant to 0836122 because that registration issued before the usage labels came into use. 252 Barnhart Expert Report pp. 3, 18 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, pp. 20, 35). 253 92 Cancellation No. 92046185 once in 143,920 articles.254 Similar to Dr. Nunberg’s initial search results, Mr. Barnhart reported that the results of his “redskin” database search were “overwhelming to be in the context of sports,” with less than two percent of the results referring to Native Americans.255 Mr. Barnhart would not draw any inferences about the infrequency in which the term “redskin” or “redskins” was used to refer to Native Americans. He testified that it was not what he was asked to do and it would be a significantly greater project to determine whether there is any significance to the lack of occurrences.256 Nevertheless, he did conclude that since the term REDSKIN appeared in 143,920 articles, it “is acceptable in both formal and informal speech or writing of educated people”257 at least as it applies to sports teams. In view of the foregoing, the majority’s conclusion that the “near complete drop-off in usage of ‘redskins’ as a reference to Native Americans beginning in the 1960’s” is somehow probative that the term is disparaging is not supported by the record. NCAI Resolution The majority finds that the resolution passed by the National Congress of American Indians (“NCAI”) in 1993 is “clearly probative of the view of Native Barnhart Dep. 64:13 (TTABVue 159, p. 67); Barnhart Expert Report pp. 3, 12 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 162, pp. 20, 29). 254 Barnhart Expert Report p. 12 (unnumbered), Barnhart Dep. Ex. 3 (TTABVue 161, p. 29); see Barnhart Dep. 69:5-8 (TTABVue 159, p. 72). 255 256 Barnhart Dep. 67:15-70:6 (TTABVue 159, pp. 70-73). 257 Barnhart Expert Report (TTABVue 162, p. 31). 93 Cancellation No. 92046185 Americans held at the relevant time period because the NCAI “represented approximately thirty percent of Native Americans” and the resolution set forth “the past and ongoing viewpoint of the Native Americans it represents.” Despite the assertions in the resolution that the organization represents “the American Indian and Alaska Tribal governments and people gathered in Crystal City, Virginia, of the Washington D.C. area, for the 1993 Executive Council Meeting”258 of the organization, there is no reliable evidence supporting the number of Native Americans or tribes that attended the meeting or that were members of the organization during the relevant time frame between 1967 and 1990. The majority relies on the deposition testimony of JoAnn Chase who became the Executive Director of the NCAI on April 1, 1994 and provided testimony about the resolution. JoAnn Chase testified that she “was not in attendance at this meeting” when the resolution was passed, that she did not know if any minutes of the meeting were taken, that she could not locate any record of the minutes or any indicator of whether a quorum was present for the voting of this resolution, that she had no record of the people in attendance at the meeting, and that she did “not know what the membership of the organization was at that time.”259 Ms. Chase also testified that she had no record of the number of tribes who had delegates to the organization in 1967, 1974, 1985, or 1990, no record of any similar resolutions concerning the use of the name “Washington Redskins” by the organization between 1967 and 1992, and had no letters or correspondence concerning the use of the word 258 NCAI Resolution (TTABVue 63, p. 71). 259 Chase Dep. 51:21-52:11, 53:7-17, 54:3-4 (TTABVue 98, pp. 57-60). 94 Cancellation No. 92046185 “redskins” or “Washington Redskins” with respect to the football team between 1967 and 1992.260 Nevertheless, based on the following testimony, the majority found that “there were between 100 – 400 members at the time the resolution was taken”: I do not know what the membership of the organization was at that time. I can tell you currently, if, for example, our membership is 206 tribes, it would be one-third. At that time the membership would have been 100 tribes. It could have been 400 tribes. I don’t know.261 The majority also relies on the deposition of Harold Gross, the Director of Indian Legal Information Development Services, a legislative oversight program. The relevance of the Gross deposition testimony is that Mr. Gross testified that Leon Cook, President of the NCAI, participated in a 1972 meeting with Edward Bennett Williams, the President and part-owner of the Washington Redskins football team, to protest the Redskins name. Petitioners did not depose Mr. Cook and have him testify regarding the membership of the NCAI in 1972. Rather, the majority relies on an article published in the Washington Daily News on March 30, 1972 discussing that meeting which reported that the NCAI “claims a membership of 300,000.”262 The article provides no source as to 300,000 membership figure. The author of the article did not state that Leon Cook said that the NCAI had 300,000 members. 260 Id. 83:20-22, 84:1-85:1 (TTABVue 98, pp. 89-91). 261 Id. 54:3-8 (TTABVue 98, p. 60). 262 Petitioners’ Notice of Reliance Ex. 18 (TTABVue 48, p. 33). 95 Cancellation No. 92046185 The majority references an article published in The Washington Post on March 30, 1972 discussing that meeting reported that the NCAI claims a membership of 350,000 “according to the protesting group’s informal leader, Harold Gross, an attorney for another Indian organization.”263 According to the majority, “Harold Gross testified that he worked for the NCAI in 1969 and would have firsthand knowledge as to the membership in that time period.” In fact, Mr. Gross testified that he was staff counsel for a year.264 But he was not employed by the NCAI in 1972, the year that the meeting took place, and the article does not provide any information to conclude that Mr. Gross had accurate knowledge about the membership of the NCAI in 1972. The majority references the participation of Dennis Banks, District Representative of the American Indian Movement, at the 1972 meeting. There is no testimony or evidence verifying the size or membership of that organization during the relevant time period. The majority references the Michigan Civil Rights Commission Report on the Use of Nicknames, Logos and Mascots Depicting Native American People in Michigan Education Institutions (October 1998) which stated that the NCAI is “the oldest and largest national Indian group in the U.S.” This statement is probative that the Michigan Civil Rights Commission believes that the NCAI is the biggest Native American Group. However, there is no evidence, let alone reliable evidence, as to the basis of that belief on the part of the Michigan Civil Rights Commission. 263 264 Petitioners’ Notice of Reliance Ex. 18 (TTABVue 48, pp. 85-86) (emphasis added). Gross Dep., p. 37 (TTABVue 79, p. 199). 96 Cancellation No. 92046185 In footnote 137, the majority references a statement by Dr. Britton Harwood set forth in the minutes of the Miami University Senate that “[t]he National Congress of American Indians, representing approximately 150 tribal governments, calls it [redskin] a racial slur.” The problem with Dr. Harwood’s statement is that (i) the minutes do not identify Dr. Harwood, (ii) the minutes do not identify how Dr. Harwood is knowledgeable about the membership of the NCAI, and (iii) the minutes do not identify the source that Dr. Harwood used to quantify the membership of the NCAI. The minutes are probative of Dr. Harwood’s belief as to the membership of the NCAI, made in support of a resolution urging Miami University to change its’ team names. In footnote 140, the majority references a 1992 survey by WTOP, a Washington, D.C. radio station, showing 28% of Native American tribal leaders found the name Redskins offensive corroborates the fact that a substantial composite of Native Americans perceive the term “Redskin” to be disparaging.265 The purpose of the survey was to see how tribal leaders and listeners felt about WTOP not using the name Washington Redskins to refer to the football team. There are numerous problems with this survey for purposes of this proceeding. First, the survey took place in 1992, after the relevant time period about an act that took place after the relevant time period. Second, the “tribal leaders” were asked a leading question: “Do you think the name of the football team, The Washington Redskins, is offensive?” 265 The survey respondents were only given the option to John Kent Cooke Dep., Ex. 6 (TTABVue 149, pp. 43-68; TTABVue 156, pp. 11-38). 97 Cancellation No. 92046185 answer “yes” or “no.” They were not given the option of “do not know” or “no opinion.” There was no probe question as a follow-up to the answer to determine why a respondent gave a particular answer. Finally, it is not clear that the universe of “tribal leaders” was correct. Petitioners did not provide any information regarding how the survey company identified tribal leaders or verified that the respondent was, in fact, a tribal leader. Furthermore, there was no verification to determine whether the interviews actually took place. Finally, the majority relies on a June 3, 1991 letter from Dale Pullen, publisher of The U.S. Congress Handbook to Charlie Drayton, the Vice President of Communications for the Washington Redskins.266 In his letter, Mr. Pullen wrote the following: The National American Indian Council, representing 70 per cent of the American Indian population, would like 400 U.S. CONGRESS HANDBOOKS for their D.C. meeting beginning June 7. Ms. Lee Ann Tallbear, Executive Director, for the NAIC, called to see how she might get books . . . . Ms. Tallbear said that her group represents about 1.2 million American Indians who do not live on reservations. The National Congress of American Indians represent [sic] Indians living on reservations (the remaining 30 percent). This is the most persuasive evidence that supports the majority’s contention. Nevertheless, the letter is double hearsay (i.e., hearsay within hearsay). While the hearsay objection has been waived, it does not remove the problem with this type of Chase Dep. pp. 104-105 (TTABVue 98, pp. 110-111), Respondent’s Notice of Reliance Ex. 29.1 (TTABVue 142, p. 43) (shown as the Deloria Exhibit 35 also presented as exhibit 41 in the Chase deposition). 266 98 Cancellation No. 92046185 evidence (i.e., someone said to someone that the NCAI represents “the remaining 30 percent”). The evidence supporting the majority’s finding of fact No. 27 that “[a]pproximately 150 tribes were members [of the NCAI] in 1993” and its conclusion that “[t]he NCAI members throughout the time period represent approximately 30 percent of Native Americans” is a house of cards that collapses upon examination. In view of the above, “after a careful study of all the facts” and “due caution,” I find that petitioners failed to show by a preponderance of the evidence that a substantial composite of Native Americans found the term REDSKINS to be disparaging in connection with respondent’s services during the relevant time frame of 1967-1990. Accordingly, the six registrations should not be cancelled under Sections 2(a) and 14(3) of the Trademark Act. 99 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. BOOKS, ESSAYS, GUIDES, SCHOLARLY PAPERS & JOURNAL ARTICLES 1 Book excerpt George E. Shankle, American Nicknames: Their Origin & 62, pp. 164-65; Significance 373 (2d ed. 1955); (dup) As Nunberg Dep. Ex. 40 (part) 86, pp. 55-56 1& Book excerpt, Irving Lewis Allen, Language of Ethnic Conflict, Social 63, pp. 40-41; 67 book Organization & Lexical Culture 50-51 (1983); (complete) 90, (complete) pp. 72-110; As Nunberg Dep. 40 (part) [title page only] 86, p. 98 20 Article in NCAI Wages War on Indian Image, NCAI Sentinel, 48, pp. 80-82 journal Winter-Spring 1969, at 5-7. 37 Article in Rayna Green, The Indian in Popular American Culture, 77, pp. 65-84 monographic in Handbook of N. Am. Indians IV (not on copy) 587-606 series (1988) 38 Article in Richard Hill, Savage Splendor: Sex, Lies and Stereotypes, 77, pp. 86-95 literary Turtle Quarterly 14-23 (undated) magazine 39 Essay Michael Dorris, Why I'm not Thankful for Thanksgiving, 77, pp. 97-100 [in another publication] 19-22 (1978) (not on copy) 40 Essay Mary Gloyne Byler, Taking Another Look, [in another 77, pp. 102-08 publication] 83-89 (undated) 41 Book excerpt Frederick Whittaker, Hunters and Redskins (1909) 77, pp. 110-22 42 Book excerpt Ernest A. Dench, Making the Movies v, 92-95 (1915) 78, pp. 5-8 48 Book excerpt 78, pp. 36-56 49 Book excerpt 51 & 77 Article in journal Morris A. Bealle, The Redskins 1937-1958, at 6-7, 10-11, 20-21, 34-35, 52-53, 80-81, 90-91, 96-97, 104-05, 118-23, 154-55, 158-63, 194-95, 198-99, 226-27 (1959) Henry E. Fritz, The Movement for Indian Assimilation, 1860-1890, at 176-77 (1963) Hedy Hartman, A Brief Review of the Native American in American Cinema, 9 Indian Historian 27-29 (1976) 52 Article in journal 53 Article in journal 54 Book excerpt 55 & 77 Article in book Wolfgang Mieder, Proverbs in Nazi Germany: The Promulgation of Anti-Semitism and Stereotypes Through Folklore, J. of Am. Folklore, 1982 Alden T. Vaughan, From White Man to Redskin: Changing Anglo-American Perceptions of the American Indian, 87 Am. Hist. Rev. 917-53 (1982) Robert Pack, Edward Bennett Williams for the Defense 14-15, 74-77, 80-83, 90-103 (1983) Haig A. Bosmajian, Defining the “American Indian”: A Case Study in the Language of Suppression, in Exploring Language 291-99 (3d ed. 1983) 100 78, pp. 58-60 78, pp. 62-64; (dup entry) 91, pp. 140-42 78, pp. 66-81 89, pp. 5-41 89, pp. 43-56 89, pp. 58-62; (dup entry) 91, pp. 149-53 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 56 Article in Robert H. Keller Jr., Hostile Language: Bias in Historical 89, pp. 64-79 journal Writing About American Indian Resistance, in J. of Am. Culture 9-23 (Winter 1986) 57 Book Irving Lewis Allen, Unkind Words: Ethnic Labeling from 87, pp. 6-80 Redskin to WASP (1990) 58 Unpublished Cornel D. Pewewardy, Native American Mascots and 87, pp. 82-95 manuscript Imagery: The Struggle of Unlearning ‘Indian’ Stereotypes (Oct. 26-30, 1991) 60 Article in Charles L. Cutler, “I Have Spoken”: Indianisms in 87, pp. 103-08 journal Current English, English Language Notes, Mar. 1992, at 70-80 61 Article in Robin Powell, Recycling the Redskin, Turtle Quarterly, 87, pp. 110-13 literary Winter 1993, at 8-11 magazine 62 Article in Wolfgang Mieder, “The Only Good Indian is a Dead 90, pp. 5-28 journal Indian” History and Meaning of a Proverbial Stereotype, J. of Am. Folklore, Winter 1993, at 38-60 63 Article in Robert Jensen, Banning “Redskins” From the Sports 90, pp. 30-34 journal Page: The Ethics and Politics of Native American Nicknames, J. of Mass Media Ethics, 1994, at 16-25 64 Unpublished John M. Coward, What “Indians” Mean in the Media: 90, pp. 36-64 manuscript Race, Language, and the Population Imagination (Aug. 1995) 65 Book Raymond William Stedman, Shadows of the Indian 90, p. 66 (complete) (1982) (on file with TTAB) 66 Book John E. O’Connor, The Hollywood Indian: Stereotypes of 90, pp. 68-70 (complete) Native Americans in Films (1980) (on file with TTAB) 70 Teacher’s John M. Coward, Teacher’s Guide to the Media & the Am. 91, pp. 9-40 Guide Indian, undated 74 Article in book Robert B. Moore & Arlene Hirschfelder, Feathers, 91, pp. 77-85 Tomahawks & Tipis, in Understanding “Indian” Stereotypes (1977) 112 Thesis Arlene B. Hirschfelder, Univ. of Chi., The Treatment of 95, pp. 76-176; American Indians in Selected American History Textbooks for Secondary Schools, Aug. 1971 (dup) As Hirschfelder Dep. Ex. 7 107, pp. 5-108 113 Book Frederick E. Hoxie, A Final Promise: The Campaign to 95, pp. 178-80 Assimilate the Indians, 1880-1920 (1984) (on file with TTAB) 114 Book Frederick E. Hoxie, Parading Through History: The 95, p. 182 Making of the Crow Nation in America 1805-1935 (1995) (on file with TTAB) 101 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 125 Play in book James L. McCloskey, Across the Continent; Or, Scenes 64, pp. 5-32 from New York Life and the Pacific Railroad 64-114 (1963) 126 Movie review “Flap” is Flop, 4 Indian Historian [unknown] (Spring 64, p. 34 in journal 1971) 127 Article in Stanford Removes Indian Symbol, 5 Indian Historian 21 64, p. 38 journal (1972) (partial) 129 Article in Jeannette Henry, Our Inaccurate Textbooks, 1 Indian 64, pp. 46-50 journal Historian 21-24 (1967) 130 Essay in book Jay J. Coakley, Team Logos and Mascots: When are They 64, pp. 52-55 Racist?, Sport in Society, Issues & Controversies (4th ed. 1990) 170 Book excerpt NR 6: [author unknown] The Iron Redskin 19, 21, 111, 83, pp. 5-9 203 (1994) (not on copy) 170 Guide excerpt NR 6: Jerry Hatfield, Illustrated Indian Motorcycle 83, pp. 10-13 Buyer’s Guide: All the Iron Redskins from 1901, at 14546 (1989) (not on copy) N/A Article in Hirschfelder Dep. Ex. 4: Arlene Hirschfelder, 106, pp. 22-30 catalog Headdresses, Drums, and Bows and Arrows: Indian Imagery in Children’s Toys N/A Article in Hirschfelder Dep. Ex. 5: Arlene Hirschfelder, Unlearning 106, pp. 32-38 journal Indian Stereotypes, 12 HALCYON, at 49-61 (1990) N/A Book excerpt Hirschfelder Dep. Ex. 6: Arlene Hirschfelder, Am. Indian 106, pp. 40-57 Stereotypes in the World of Children: A Reader & Bibliography 46-79 (1982) N/A Textbook Ross Dep. Ex. 157: Donald S. Tull & Del I. Hawkins, 92, pp. 179-83 excerpt Marketing Research: Measurement & Method 183-85 (6th ed. 1993) N/A Book excerpt Ross Dep. Ex. 158: Jacob Jacoby, Survey & Field 92, pp. 184-87 Experimental Evidence, in Saul M. Kassin & Lawrence S. Wrightsman, Psychology of Evidence & Trial Procedure 182-85 (1985) N/A Book excerpt Ross Dep. Ex. 163: William G. Zikmund, Exploring 93, pp. 43-46 Marketing Research 143-44 (1994) N/A Book excerpt Ross Dep. Ex. 164: Naresh K. Malhotra, Marketing 93, pp. 47-50 Research: An Applied Orientation 177-78 (1993) N/A Article Ross Dep. Ex. 166: Jacob Jacoby, Experimental Designs 93, pp. 84-97 in Deceptive Advertising & Claim Substantiation Research, presented at Council of Better Business Bureaus, NAD Workshop III, at 119-31 (Apr. 29-30, 1991) BROADCAST TRANSCRIPTS 72 Broadcast 60 Minutes (CBS News television broadcast Mar. 4, 1973) 91, pp. 54-71 transcript 102 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. BUSINESS COMMUNICATIONS BETWEEN RESPONDENT & THIRD-PARTIES AND INTERNAL COMMUNICATIONS (UNLESS UNDER OTHER HEADING) 25 Business John Kent Cooke Jr., Dir. of Promotions, to Craig Kapp, 50, p. 21; facsimile McCann-Erickson USA, Sept. 13, 1993, regarding ad campaign; (dup) As Cooke Dep. Ex. 7 65, p. 147 N/A Business Cooke Dep. Ex. 2: John Kent Cooke, Redskins, to Susan 65, p. 139 letter T. Fletcher, Phila. Eagles, Sept. 22, 1983 N/A Internal Cooke Dep. Ex. 3: Paul E. Denfeld, to John Kent Cooke, 65, p. 141 memo Subject: Chief Z, May 19, 1987 N/A Business Cooke Dep. Ex. 4: John Kent Cooke, Redskins, to Nate 65, p. 143 letter Pope, NPC & Associates, Aug. 10, 1987 N/A Business Cooke Dep. Ex. 5: John Kent Cooke, Redskins, to Ercle F. 65, p. 145 letter Herbert Jr., Herbert & Herbert Inc., Dec. 18, 1987 N/A Response to Nunberg Dep. Ex. 41 (part): Jack Kent Cooke to Robert 88, p. 56 support letter H. Paschall, May 3, 1988 N/A Response to Nunberg Dep. Ex. 41 (part): Jack Kent Cooke to Sylvia L. 88, p. 59 support letter Cash, May 3, 1988 N/A Response to Nunberg Dep. Ex. 41 (part): John Kent Cooke to Wilcomb 88, p. 60 support letter E. Washburn, May 3, 1988 N/A Response to Nunberg Dep. Ex. 41 (part): Charlie Dayton, Commc’n 88, p. 64 support letter Dir., Wash. Redskins, to R. C. Ahtone, June 15, 1988 N/A Response to Nunberg Dep. Ex. 41 (part): John Kent Cooke to Wilcomb 88, p. 119 support letter E. Washburn, Jan. 9, 1992 N/A Response to Nunberg Dep. Ex. 41 (part): John Kent Cooke to Robert 88, p. 158 support letter Salgado, Soboba Band of Mission Indians, Mar. 5, 1992 N/A Response to Nunberg Dep. Ex. 41 (part): John Kent Cooke to Joseph 92, p. 20 support letter F. K. Mayhew, Mar. 26, 1992 N/A Response to Nunberg Dep. Ex. 41 (part): John Kent Cooke to Wilcomb 92, p. 32 support letter E. Washburn, Apr. 21, 1992 N/A Response to Nunberg Dep. Ex. 41 (part): Jack Kent Cooke to M. 92, p. 71 support letter Henson, Aug. 3, 1992 N/A Response to Cooke Dep. Ex. 26: Jack Kent Cooke, Redskins, to James 66, pp. 52-53; support letter Kevin Campbell, Sept. 2, 1993, with James Kevin Campbell to Jack Kent Cooke, Aug. 20, 1993; (dup) As Nunberg Dep. Ex. 41 (part) 92, p. 75 N/A Internal Nunberg Dep. Ex. 41 (part): Charlie Dayton to Jack Kent 92, pp. 77-144 memo Cooke, re: Nat’l Rainbow Coalition campaign letters received, Oct. 13, 1993, with protest letters attached BUSINESS LETTERS BETWEEN RESPONDENT & PUBLISHER 10 Business Prof’l Football Publications Ass’n to John Kent Cooke, 68, p. 15 letter May 23, 1993, regarding advertising space 10 Business Redskin Review to Redskin Park, May 2, 1994, 68, p. 16 letter requesting player photos 103 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 10 Business Redskin Review to Redskin Park, May 2, 1994, 68, p. 17 letter requesting player autograph 10 Business Redskin Review to Redskin Park, Aug. 9, 1994, 68, p. 18 letter requesting issuance of game credentials 10 Business Redskin Review to Redskin Park, Aug. 23, 1994, 68, p. 20 letter requesting issuance of game credentials 10 Business Redskin Review to Redskin Park, Aug. 23, 1994, 68, p. 21 letter requesting player autographs 10 Business Redskin Review to Redskin Park, Aug. 30, 1994, 68, p. 22 letter requesting issuance of game credentials 10 Business Redskin Review to Redskin Park, Sept. 13, 1994, 68, p. 23 letter requesting issuance of game credentials 10 Business Redskin Review to Redskin Park, Sept. 20, 1994, 68, p. 24 letter requesting press and photo passes 10 Business Redskin Review to Redskin Park, Sept. 27, 1994, 68, p. 25 letter requesting press and photo passes 10 Business Redskin Review to Redskin Park, Sept. 28, 1994, 68, p. 26 letter requesting player autographs 10 Business Redskin Review to Redskin Park, Oct. 11, 1994, 68, p. 27 letter requesting press and photo passes 10 Business Redskin Review to Redskin Park, Oct. 18, 1994, 68, p. 28 letter requesting issuance of game credentials 10 Business Redskin Review to Redskin Park, Nov. 1, 1994, 68, p. 29 letter requesting issuance of game credentials 10 Business Redskin Review to Redskin Park, Nov. 15, 1994, 68, p. 30 letter requesting issuance of game credentials 10 Business Redskin Review to Redskin Park, Nov. 22, 1994, 68, p. 31 letter requesting issuance of game credentials 10 Business Redskin Review to Redskin Park, Nov. 29, 1994, 68, p. 32 letter requesting issuance of game credentials 10 Business Redskin Review to Washington Redskins, Nov. 30, 1995, 68, pp. 33-34 letter regarding 1995 press passes 10 Business Redskin Review to Redskin Park, Dec. 13, 1994, 68, p. 35 letter requesting press and photo passes 10 Business Progressive Publ’g Grp. to Washington Redskins, July 17, 68, pp. 36-37 letter 1995, regarding ownership change of Redskin Review 10 Business Redskin Review to Redskin Park, Aug. 29, 1995, 68, p. 38 letter requesting issuance of game credentials 10 Business Redskin Review to Redskin Park, Oct. 26, 1995, 68, p. 39 letter requesting issuance of game credentials 10 Business Redskin Review to Redskin Park, Nov. 14, 1995, 68, p. 40 letter requesting issuance of game credentials 104 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 10 Business Redskin Park to Redskin Review, Dec. 1, 1995, regarding 68, p. 41 letter game-by-game credentials requests BUSINESS RECORDS (RESPONDENT’S) 25 Board Redacted minutes of Mar. 27, 1972 meeting of 50, pp. 16-18 minutes respondent’s regular meeting of directors BUSINESS RECORDS (THIRD-PARTY) N/A Incorporating Chase Dep. Ex. 108: Nat’l Congress of Am. Indians 83, pp. 41-46 documents Const. & By-Laws, Nov. 14, 1944, as further amended N/A Board Kahn Dep. Ex. 2: Am. Jewish Comm. Bd. of Dirs. 108, pp. 18-19 minutes Minutes, Sept. 2, 1992 N/A Incorporating Stevens Dep. Ex. 1: Cent. Conf. Of Am. Rabbis Const. & 94, pp. 89-94 documents By-Laws, June 1953, as further amended CORRESPONDENCE BY PETITIONERS’ COUNSEL N/A Business Nunberg Dep. Ex. 4: Stephen R. Baird to Geoffrey 83, pp. 90-91 letter Nunberg, Dec. 7, 1995, regarding consultation as expert N/A Business Nunberg Dep. Ex. 5: Stephen R. Baird to Geoffrey 83, p. 93 letter Nunberg, Feb. 21, 1996, regarding film list N/A Business Nunberg Dep. Ex. 6: Stephen R. Baird to Cy Gomberg, 83, pp. 95-96 letter Jan. 26, 1993, regarding film list N/A Business Nunberg Dep. Ex. 7: Stephen R. Baird to Geoffrey 83, p. 98 letter Nunberg, Jan. 30, 1996, regarding materials N/A Business Ross Dep. Ex. 7: Michael A. Lindsay to Ivan Ross, Dec. 7, 84, pp. 112-55 letter 1995, regarding Harjo cancellation petition, answer & MSJ, with attachments N/A Business Ross Dep. Ex. 8: Stephen R. Baird to Ivan Ross, Dec. 7, 102, pp. 7-127; letter 1995, regarding materials 85-127; 103, pp. 4-62 N/A Business LaFromboise Dep. Ex. 4: Laurie Scalon to Teresa D. 108, pp. 64-74 letter LaFromboise, Dec. 5, 1996, regarding prepared expert report N/A Business LaFromboise Dep. Ex. 6: Michael Drysdale to Teresa D. 108, pp. 76-84 letter LaFromboise, May 8, 1996, regarding expert testimony draft N/A Business Stevens Dep. Ex. 4: Gerald H. Sullivan to Elliot Stevens, 94, p. 101 letter Jan. 28, 1997, regarding deposition N/A Fax cover Stevens Dep. Ex. 5: Gerald H. Sullivan to Elliot Stevens, 94, p. 103 Jan. 28, 1997, cover page N/A Fax note Stevens Dep. Ex. 6: Gerald H. Sullivan to Elliot Stevens, 94, p. 105 Jan. 28, 1997, regarding resolution CORRESPONDENCE BETWEEN THIRD PARTIES 26 Business Dave Moore, Am. Indian Bible College, to Paul Tagliabue, 50, pp. 23-24 letter NFL, Feb. 19, 1991 105 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 32 Business William B. Welles & Charles B. Krusen to Pete Rozelle, 77, pp. 20-21 letter Apr. 25, 1972 75 Business Donald T. Carlson, Univ. Relations Dir., Stanford Univ., 91, pp. 87-89 letter to Kris Boucher, Dir. of Athletics, Wayland Acad., Dec. 5, 1985, with Stanford U. press release (Dec. 6, 1979), & Tony Kahn, Editorial: ‘Indian’ Mascot Belittled Native Americans, Stanford Daily (handwritten), Nov. 1, 1985 (handwritten) 76 Business Michael A. Bailey to Paul O. Sand, Reg’l Dir., Nat’l 91, p. 91 letter Conference of Christians & Jews, Feb. 17, 1988 79 Business Terry Shepard, Univ. of Ill., to Gary Smith, Dir., 91, pp. 197-201 letter Marching Illini, Feb. 5, 1990, with attachments 81 Business Robert Eaglestaff, Principal, Am. Indian Heritage Sch. & 95, p. 5 letter Program, to Kris Deweese, Jan. 21, 1992 84 Business John Mundahl, Minn. Pub. Sch., to Dorsey & Whitney 95, p. 11 letter Law Firm, Sept. 11, 1992 85 Business U.S. Sen. Daniel K. Inouye, Select Comm. on Indian 95, p. 13 letter Affairs, to Tom Griffith, Nov. 6, 1992 89 Memo Bill Jarboe, Comm. Chair, to Beverly Jasmin, I.H.S. Bldg. 95, pp. 32-33 Coordinator, Native Am. Mascot Associated with Iroquis H. S., Aug. 13, 1993 92 E-mail Adolph L. Soens to manley@ksgrsch.harvard.edu, Oct. 5, 95, p. 48 1994 N/A Business Cooke Dep. Ex. 1: 65, pp. 136-37 letter Susan T. Fletcher, Phila. Eagles, to Marilyn Z. Kutler, Municipal Services Bldg., re: Parking Lot Incident During Wash. Redskins Game at Veterans Stadium Sept. 11, 1983, Sept. 16, 1983 CORRESPONDENCE RELATING TO MAR. 1972 MEETING—FROM WILLIAMS & CONNELLY LAW FIRM 32 Note La Donna [Harris] (Native American) to Ed[ward] 77, p. 7 Bennett Williams, undated 32 Notes Recommendations to the Washington D.C. Prof’l Football 77, pp. 9-10; Team, from seven Native American meeting participants; (dup) As Gross Dep. Ex. 32.005 105, pp. 67 32 Protest letter Harold M. Gross, Dir., Indian Legal Info. Dev. Servs. 77, pp. 11-13; (Native American legislative oversight group) to Edward Bennett Williams , Jan. 18, 1972; (dup) As Gross Dep. Ex. 32.007 105, pp. 71-73 32 Unsigned Edward Bennett Williams to Harold M. Gross, Jan. 31, 77, p. 15; business letter 1972; (dup) As Gross Dep. Ex. 32.009 105, p. 75 106 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 32 Business Harold M. Gross to Edward Bennett Williams , Feb. 16, 77, p. 16; letter 1972; (dup) As Gross Dep. Ex. 32.010 105, p. 77 32 Protest letter Ron Aguilar, President, Nat’l Indian Youth Council, to 77, p. 17; Wash. Redskins Football Team, Mar. 29, 1972; (dup) As Gross Dep. Ex. 32.011 105, p. 79 32 Unsigned Edward Bennett Williams to Pete Rozelle, NFL, Mar. 30, 77, p. 18; business letter 1972; (dup) As Gross Dep. Ex. 32.012 105, p. 81 32 Unsigned Edward Bennett Williams to Harold M. Gross, Mar. 30, 77, p. 19; business letter 1972; (dup) As Gross Dep. Ex. 32.013 105, p. 83 32 Note Edward Bennett Williams to La Donna Harris, June 7, 77, p 22 1972 CURRICULA VITAE N/A CV Nunberg Dep. Ex. 2 (end): Geoffrey D. Nunberg, Apr. 83, pp. 76-80; 1996; (dup) As Nunberg Dep. Ex. 32 108, pp. 95-99 N/A CV Ross Dep. Ex. 3 (part): Ivan Ross, May 1996 97, pp. 15-29 N/A CV Hirschfelder Dep. Ex. 1: Arlene Hirschfelder 106, pp. 8-10 N/A CV Hoxie Dep. Ex. 1: Frederick E. Hoxie 107, pp. 117-21 N/A CV N/A LaFromboise Dep. Ex. 2: Teresa D. LaFromboise, April 108, pp. 39-63 1996 DEPOSITIONS & SUBPOENAS TO GIVE TESTIMONY/PRODUCE EVIDENCE Deposition John Kent Cooke Dep., Mar. 26, 1996 65, pp. 85-107 N/A Deposition John Kent Cooke Dep., Mar. 27, 1996 65, pp. 108-34 N/A Deposition JoAnn Chase Dep., Apr. 26, 1996 98, pp. 6-124 N/A Subpoena 83, pp. 20-40 N/A Deposition Chase Dep. Ex. 107: Subpoena Ad Testificandum & Duces Tecum on the Nat’l Congress of Am. Indians’ custodian of records, Mar. 15, 1996 Ivan Ross Dep., Dec. 12, 1996 N/A Subpoena 83, pp. 169-76; N/A Deposition Ross Dep. Ex. 1: Subpoena Ad Testificandum & Duces Tecum on Ivan Ross, Dec. 12, 1996 As Ross Dep. Ex. 4 Geoffrey D. Nunberg Dep., Dec. 17, 1996 N/A Subpoena N/A Deposition Nunberg Dep. Ex. 1: Subpoena for Foreign Deposition served on Geoffrey Nunberg, Dec. 5, 1996 Elliot L. Stevens Dep., Jan. 30, 1997 N/A Deposition Walterene Swanston Dep., Jan. 31, 1997 107 96, pp. 5-253 84, pp. 61-71 98, pp. 128-76, 99, pp. 2-177 83, pp. 52-58 101, pp. 8-71 101, pp. 73-143 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Deposition Judith Kahn Dep., Jan. 31, 1997 80, pp. 217-56 N/A Deposition Frederick E. Hoxie Dep., Feb. 12, 1997 80, pp. 127-215 N/A Deposition Teresa D. LaFromboise Dep., Feb. 17, 1997 81, pp. 5-115 N/A Subpoena 108, pp. 21-28 N/A Deposition LaFromboise Dep. Ex. 1: Subpoena for Foreign Deposition served on Teresa D. LaFromboise, Dec. 5, 1996 Susan Courtney Dep., Feb. 18, 1997 N/A Deposition Geoffrey D. Nunberg Dep., Feb. 18, 1997 81, pp. 119-271 N/A Deposition Geoffrey D. Nunberg Dep., Feb. 19, 1997 82, pp. 5-125 N/A Deposition Ivan Ross Dep., Feb. 20, 1997 82, pp. 127-267 N/A Deposition Arlene B. Hirschfelder Dep., Apr. 10, 1997 80, pp. 6-125 N/A Deposition Harold M. Gross Dep., June 11, 1997 79, pp. 163-235 N/A Deposition Ivan Ross Dep., June 11, 1997 N/A Deposition Geoffrey D. Nunberg Dep., June 17, 1997 100, pp. 5-150; 101, pp. 2-6 109, pp. 6-159 1 Definition 1 Definition 1 Definition 1 Definition 1 Definition 1 Definition 1 Definition 1 Definition DICTIONARIES Am. Heritage Dictionary of the English Language 1514 (3d ed. 1992); As Nunberg Dep. Ex. 40 (part) Am. Heritage Dictionary of the English Language 1514 (3d ed., 1996); As Nunberg Dep. Ex. 40 (part) Chambers English Dictionary [illegible page number] (7th ed. 1988); As Nunberg Dep. Ex. 40 (part) Merriam Webster's Collegiate Dictionary 980 (10th ed. 1995); As Nunberg Dep. Ex. 40 (part) Oxford Am. Dictionary 564 (1980); As Nunberg Dep. Ex. 40 (part) Oxford English Dictionary 429 (2d ed. 1989); As Nunberg Dep. Ex. 35 Random House Dictionary of the English Language 1204 (1966); As Nunberg Dep. Ex. 40 (part) Random House Dictionary of the English Language 1204 (1967); As Nunberg Dep. Ex. 40 (part) 108 79, pp. 6-161 63, pp. 61-63; (dup) 88, pp. 20-22 63, pp. 67-69; (dup) 88, pp. 26-28 63, pp. 52-54; (dup) 88, pp. 14-16 63, pp. 64-66; (dup) 88, pp. 23-25 63, pp. 16-18; (dup) 86, pp. 74-76 63, pp. 55-57; 108, pp. 108-10 62, pp. 166-68; (dup) 86, pp. 60-62 62, pp. 169-71; (dup) 86, pp. 63-64 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 1 Definition Random House Dictionary of the English Language 1107 63, pp. 4-6; (College Edition) (1968); (dup) As Nunberg Dep. Ex. 40 (part) 86, pp. 57-59 1 Definition Random House Dictionary of the English Language 642 63, pp. 7-8; (School Edition) (1970); (dup) As Nunberg Dep. Ex. 40 (part) 86, pp. 65-66 1 Definition Random House Dictionary of the English Language 1204 63, pp. 9-11; (1973); (dup) As Nunberg Dep. Ex. 40 (part) 86, pp. 67-69 1 Definition Random House College Dictionary 1107 (rev. ed., 1975); 63, pp. 12-13; As Nunberg Dep. Ex. 40 (part) (dup) 86, pp. 70-71 1 Definition Random House Dictionary of the English Language [no 63, pp. 14-15; page provided] (1979); (dup) As Nunberg Dep. Ex. 40 (part) 86, pp. 72-73 1 Definition Random House Dictionary of the English Language 1618 63, pp. 46-48; (2d ed. 1987); (dup) As Nunberg Dep. Ex. 40 (part) 88, pp. 8-10 1 Definition Richard A. Spears, Slang & Euphemism: A Dictionary of 63, pp. 19-39; Oaths, Curses Insults, Sexual Slang & Metaphor, Racial Slurs, Drug Talk, Homosexual Ling, & Related Matters vii-xxiv, 327 (1981); (dup) As Nunberg Dep. Ex. 40 (part) 86, pp. 77-97 1 Definition Webster's Ninth New Collegiate Dictionary 987 (1986); 63, pp. 42-45; (dup) As Nunberg Dep. Ex. 40 (part) 88, pp. 4-7 1 Definition Webster's Ninth New Collegiate Dictionary 987 (1988); 63, pp. 49-51; (dup) As Nunberg Dep. Ex. 40 (part) 88, pp. 11-13 1 Definition Webster's Ninth New Collegiate Dictionary 987 (1990); 63, pp. 58-60; (dup) As Nunberg Dep. Ex. 40 (part) 88, pp. 17-19 N/A Definition As Nunberg Dep. Ex. 8: Thorndike/Barnhart Doubleday 83, pp. 100-01 Advanced Dictionary 855 (1979) N/A Definition As Nunberg Dep. Ex. 9: HBJ School Dictionary (1977) 83, pp. 103-04 N/A Definition As Nunberg Dep. Ex. 10: Webster’s New American 83, pp. 106-07; Dictionary 823 (1965); (dup) As Hoxie Dep. Ex. 4; 107, pp. 139As Nunberg Dep. Ex. 46: 40; 92, pp. 17071 N/A Definition As Nunberg Dep. Ex. 11: Int’l Webster New Encyclopedic 83, pp. 109-10; Dictionary 803 (1970); (dup) As Hoxie Dep. Ex. 6; 108, pp. 5-6; As LaFromboise Dep. Ex. 9 108, pp. 88-89 109 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Definition As Nunberg Dep. Ex. 12: World Book Dictionary, Vol. 2, 83, pp. 112-13 1633 (1967) N/A Definition As Nunberg Dep. Ex. 13: World Book Dictionary, Vol. 2, 83, pp. 115-16 1752 (1979) N/A Definition As Nunberg Dep. Ex. 14: Webster’s New Twentieth 83, pp. 118-19; Century Dictionary of the English Language Unabridged (dup) 1513 (2d ed. 1977); 107, pp. 142As Hoxie Dep. Ex. 5; 43; 108 pp. 90As LaFromboise Dep. Ex. 10 ; 91 ; As Nunberg Dep. Ex. 45 92, pp. 168-69 N/A Definition As Nunberg Dep. Ex. 15: Webster’s New Collegiate 83, pp. 121-22; Dictionary 961 (1980); (dup) As Hoxie Dep. Ex. 8 108, pp. 11-12 N/A Definition As Nunberg Dep. Ex. 18: Am. Heritage Dictionary of the 83, pp. 129-30 English Language 1514 (1st ed. 1976) N/A Definition As Nunberg Dep. Ex. 19: Am. Heritage School Dictionary 83, pp. 132-33; (dup) 107, pp. (1977); 136-37; 108, As Hoxie Dep. Ex. 3; pp. 86-87 As LaFromboise Dep. Ex. 8 N/A Definition As Hoxie Dep. Ex. 7: Am. Heritage Dictionary of the 108, pp. 8-9; English Language 1082 (1981); (dup) As Nunberg Dep. Ex. 44 92, pp. 166-67 ENCYCLOPEDIAS Indians, North American, Encyclopӕdia Britannica 4541 Encyclopedia 62, pp. 131-63; entry 82 (11th ed. 1910); (dup) As Nunberg Dep. Ex. 36 86, pp. 4-36 FILM FOOTAGE (DVD OF VHS-FORMATTED MATERIAL) 93 NFL Films Lombardi (DVD not included with submissions) 95, p. 50 94 NFL Films Warpath: The Washington Redskins’ Road to Super Bowl 95, p. 52 XXII (1988) (on file with TTAB) 95 NFL Films Hail to the Redskins 1937-1988 (1988) (on file with 95, p. 54 TTAB) 96 NFL Films Washington Redskins (1961) (DVD not included with 95, p. 56 submissions) 97 NFL Films Time After Time: The 1967 Washington Redskins in 95, p. 58 Action (1968) (on file with TTAB) 98 NFL Films Three Cheers for the Redskins (1971) (on file with TTAB) 95, p. 60 99 NFL Films The AFC and NFC Championships (1973) (mislabeled; on 95, p. 62 file with TTAB) 100 NFL Films The World Championship of Professional Football [Super 95, p. 64 Bowl VII] (1973) (on file with TTAB) 101 NFL Films Promises to Keep: The Washington Redskins Season of 95, p. 66 ‘74 (1974) (on file with TTAB) 110 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 102 NFL Films Return Engagement (1979) (mislabeled; incomplete; 95; p. 68 without opening credits; no sound; on file with TTAB) 103 NFL Films Super Bowl XVII: Hog Day Afternoon (1983) (on file with 95, p. 70 TTAB) 104 NFL Films Ambush at Super Bowl XXII (NFL Films 1988) (on file 95, p. 72 with TTAB) 105 NFL Films Super Bowl XXVI—Washington 37, Buffalo 24 (1992) 95, p. 74 (DVD not included with submissions) N/A Footage NR 5: Excerpts from video previously submitted as 101, p. 147 excerpts Exhibits 93 through 105 (on file with TTAB) N/A Footage Courtney Dep. Ex. 3: Footage from major motion picture 105, p. 36 excerpts productions using the term “redskin” GAME PROGRAM PAGES (PITTSBURGH STEELERS) Program front Sept. 29, 1957 (from Pittsburgh Steelers Football Club); 70, pp. 49, 15 page (dup) 68; As Cooke Dep. Ex. 12 (part) 66, p. 47 GAME PROGRAMS, PRESS GUIDES & FACT BOOKS, OFFICIAL MAGAZINES, YEARBOOKS & ANNIVERSARY ISSUES (WASHINGTON REDSKINS) 14 Program front Opening Day 1954 – Redskins v. NY Giants 12/11/60 69, pp. 66-72 covers (non-consecutive) 70, pp. 4-26 15 Program front Undated 70, pp. 29-42, covers 44, 46-47; As Cooke Dep. Ex. 12 (part) (dup) 66, pp. 30-46 15 Program front Opening Day 1938, Opening Day 1950 70, pp. 43, 45 covers 15 Program front Sept. 21, 1958 (includes cartoon reprinted from Evening 70, p. 48; cover Star (Wash.), Dec. 17, 1936); (dup) As Cooke Dep. Ex. 12 (part) 66, p. 49 29 Press guide Redskin Movie, in 1948 Washington Redskins press 50, p. 42 (partial) guide, p. 26 29 Fact book 1949 Redskins, front cover, marching band photo, pp. 40- 50, pp. 43-45 (partial) 41 29 Fact book 1950 Redskins, front cover 50, p. 46 front cover 29 Fact book 1951 Redskins, front cover 50, p. 47 front cover 29 Fact book 1952 Redskins, front cover, marching band, at 13 50, pp. 48-49 (partial) 29 Fact book 1953 Redskins front cover, marching band, at 12-13 50, pp. 50-52 (partial) 29 Fact book 1954 Wash. Redskins, front cover, marching band, at 14 50, pp. 53-54 (partial) 111 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 29 Fact book 1955 Wash. Redskins, front cover, marching band, at 12 50, pp. 55-56 (partial) 29 Fact book 1956 Prof’l Football, front cover, Redskins club directory, 50, pp. 57-61 (partial) Do You Remember? 1937, photos (illegible), and article on half-time show 29 Program S.F. 49ers v. Wash. Redskins, Aug. 26, 1956 front cover, 50, pp. 62-63 (partial) team photo with autographs and Indian caricature 29 Fact book 1957 Wash. Redskins, front cover, and marching band 51, pp. 4-5 (partial) photo, at 16 29 Program S.F. 49ers v. Wash. Redskins, Aug. 25, 1957 front cover, 51, pp. 6-7 (partial) team photo with autographs and Indian caricature 29 Fact book 1958 Wash. Redskins, front cover, entertainment 51, pp. 8-11 (partial) program article, two band photos, fight song lyrics 29 Program Redskins v. Bears, Sept. 21, 1958 front cover 51, p. 12 29 Fact book 1959 Wash. Redskins, various photos of marching band, 51, pp. 13-16 (partial) players, and Redskin board members, fight song lyrics 29 Fact book 1960 Wash, Redskins, front cover, fight song lyrics, 51, pp. 17-23 (partial) marching band photos, history page, club directory 29 Program Redskins v. N.Y. Giants, Oct. 1, 1961 front cover, 51, pp. 24-27 (partial) Ourisman Chevrolet ad, WTOP Radio game coverage listing, VW ad 29 Magazine Redskins v. Colts, Nov. 26, 1961 front cover 51, p. 28 cover 29 Magazine Merry Christmas 1961, front cover 51, p. 29 cover 29 Magazine Redskins v. Steelers, Dec. 10, 1961 front cover 51, p. 30 cover 29 Program 1962 Wash. Redskins, front cover, inside article on mid51, pp. 31-34 (partial) field matinees (marching band) 29 Program Silver Anniversary Redskins, front cover, marching band 51, pp. 35-36 (partial) photo 52, pp. 4-14 29 Magazine Redskins v. Cardinals, Sept. 30, 1962, front cover, (dup pages) (partial) Conducts the Band, Who’s Ahead? The Offense and Defense are in Hot Pursuit, Girls! Girls! Girls! Aren’t They Something’, Long Time No See, Signals On!, & Teepee Talk, REDSKINS (Magazine), Sept. 30, 1962, at 1, 3, 5, 9, 16, 49 52, pp. 15-20 29 Magazine Redskins v. Rams, Oct. 7, 1962, front cover, Snead to (partial) Mitchell Redskins Passing Combo Dazzles Fans and Foes, (dup pages) Dancing Indians, North Carolina Day announcement, REDSKINS (Magazine), Oct. 7, 1962, at 1, 15, 26 29 Magazine Redskins v. Cowboys, Nov. 4, 1962 front cover 52, p. 21 cover 112 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 29 Magazine Redskins v. Browns, Nov. 11, 1962 front cover 52, p. 22 cover 29 Magazine Redskins v. Giants, Nov. 25, 1962, front cover, & Midfield 52, pp. 23-24 (partial) Matinee featuring marching band and Redskinettes, at 21 29 Magazine Redskins v. Eagles, Dec. 2, 1962 front cover 52, p. 25 cover 29 Magazine Merry Christmas 1962, front cover 52, p. 26 cover 29 Fact book 1963 Wash. Redskins front cover, photo entitled Ambush, 52, pp. 27-28 (partial) at 15 29 Magazine Redskins v. Cowboys, Sept. 29, 1963, front cover, The 52, pp. 29-31 (partial) Experts are Looking for Help Eastern Title Race is a Fans Delight, & Matinee at Midfield featuring marching band and Redskinettes, at 1, 11 29 Magazine Redskins v. Giants, Oct. 6, 1963, front cover, Time for a 52, pp. 32-35 (partial) Change There’s no Whammy Like a Giant Whammy, photos entitled Midfield Ball & Hail to the Redskin, at 1, 50, 60 29 Magazine Redskins v. Eagles, Oct. 13, 1963, front cover 52, p. 36 cover 29 Magazine Redskins v. Cardinals, Oct. 27, 1963, front cover, WWDC 52, pp. 37-38 (partial) advertisement, at 6 53, pp. 4-7 29 Magazine Redskins v. Steelers, Nov. 17, 1963, front cover, Kilroy (partial) Reports: These Players are All-Americans, Matinee at Midfield featuring marching band and Redskinettes, & photo entitled Finders Keepers, at 1, 11, 52 29 Magazine Redskins v. Colts, Dec. 1, 1963, front cover, Redskins Can 53, pp. 8-11 (partial) Determine the Eastern Conference, Matinee at Midfield featuring marching band, & photo entitled Chief Big Music Man, at 1, 11, 43 29 Fact book 1964 Redskins front cover, WWDC advertisement, 53, pp. 12-16 (partial) Signals On!, Bears Series History, at 10, 16, 59 (dup pages) 29 Magazine Redskins v. Browns, Sept. 13, 1964, front cover, It’s Time 53, pp. 17-22 (partial) for Our Foes to Show Their Colors, On the Warpath, & (dup pages) Matinee at Midfield featuring Redskinettes, at 1, 5, 11 29 Magazine Redskins v. Cardinals, Oct. 4, 1964, front cover 53, p. 23 cover 29 Magazine Redskins v. Eagles, Oct. 11, 1964, front cover 53, p. 24 cover 29 Magazine Redskins v. Bear, Oct. 25, 1964, front cover, On the 53, pp. 25-26 (partial) Warpath, at 5 29 Magazine Redskins v. Cowboys, Nov. 22, 1964, front cover 53, p. 27 cover 113 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 29 Magazine Redskins v. Giants, Nov. 29, 1964, front cover, Today’s 53, pp. 28-30 (partial) Draft is All Work and No Play, & On the Warpath, at 1, 5 29 Magazine Redskins v. Steelers, date illegible, front cover, On the 53, pp. 31-32 (partial) Warpath, at 5 29 Press guide 1965 Redskins, front cover 53, p. 33 front cover 29 Magazine Redskins v. Browns, Sept. 19, 1965, front cover, On the 53, pp. 34-37 (partial) Warpath, Marriott advertisement & Coia Wins Shrine (dup pages) Award, at 5, 24, 43 29 Magazine Redskins v. Cardinals, Oct. 10, 1965, front cover 54, p. 4 cover 29 Magazine Redskins v. Colts, Oct. 17, 1965, front cover 54, p. 5 cover 29 Magazine Redskins v. Cowboys, Nov. 28, 1965, front cover, & 54, pp. 6-7 (partial) Kann’s advertisement, at 29 29 Magazine Redskins v. Giants, Dec. 12, 1965, front cover 54, p. 8 cover 29 Magazine Redskins v. Steelers, Dec. 19, 1965, front cover, Here are 54, pp. 9-11 (partial) the Redskins Stars of Tomorrow, & Kann’s advertisement at 3, 29 29 Press guide 1966 Redskins, front cover 54, p. 12 front cover 29 Magazine Redskins v. Browns, Sept. 11, 1966, front cover, National 54, pp. 13-17 (partial) Bohemian Beer, Herson’s, Walton & Hoke Commercial Art, & Hot Shoppes advertisements, at 13, 53, 78, 81 29 Magazine Redskins v. Steelers, Oct. 2, 1966, front cover 54, p. 18 cover 29 Magazine Redskins v. Falcons, Oct. 9, 1966, front cover 54, p. 19 cover 29 Magazine Redskins v. Cardinals, Oct. 23, 1966, front cover, 54, pp. 20-21 (partial) Redskinettes photo, at 32 29 Magazine Redskins v. Cowboys, Nov. 13, 1966, front cover 54, p. 22 cover 29 Magazine Redskins v. Giants, Nov. 27, 1966, front cover 54, p. 23 cover 29 Magazine Redskins v. Eagles, Dec. 18, 1966, front cover 54, p. 24 cover 29 Magazine 1967 Redskins Football Magazine, front cover 54, p. 25 cover 29 Press guide 1967 Redskins, front cover, listed game schedule, fight 54, pp. 26-30 (partial) song lyrics, history by key dates, at 1, 3, 7 (dup pages) 29 Program Redskins v. N.Y. Giants, Oct. 1, 1967 front cover, Tepee 55, pp. 4-6 (partial) Pow-Wow, at 78-79 114 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 29 Magazine Redskins v. Colts, Oct. 29, 1967, front cover, photo of 55, pp. 7-10 (partial) marching band, & Nat’l Bohemian Beer advertisement (dup pages) 29 Magazine 1968 Redskins Football Magazine, front cover 55, p. 11 cover 29 Press guide 1968 Redskins, front cover 55, p. 12 front cover 29 Magazine Redskins v. Steelers, Oct. 13, 1968, front cover, photo 55, pp. 13-14 (partial) entitled Here comes No. 9 (also shows marching band), at 75 29 Magazine Redskins v. Steelers, Nov. 17, 1968 (not on copy), 55, p. 15 photo Cowboys and Redskins are the Best Western Ever (partial), at 5 29 Magazine Photo entitled Let It Snow; Let It Snow, at 5; photos of 55, pp. 16-17 photo Redskinettes, at 81, undated 29 Press guide 1969 Redskins, front cover 55, p. 18 front cover 29 Magazine Redskins v. Brown, Sept. 6, 1969, front cover, Nat’l 55, pp. 19-21 (partial) Bohemian Beer & Am. Sec. & Trust Co. advertisements 29 Magazine Redskins v. Giants, Oct. 19, 1969 (not on copy), front 55, p. 22 cover cover 29 Press guide 1970 Redskins, front cover, & game schedule listing, at 1 55, pp. 23-24 (partial) 29 Magazine Am. Sec. & Trust Co. advertisement, Pro! Magazine, Oct. 55, p. 25 advertisement 11, 1970 (not on copy), at 7 29 Magazine Redskins v. Cardinals, Dec. 20, 1970, front cover, Pro! 55, p. 26 cover Magazine 29 Press guide 1971 Redskins, front cover, & 1970 final league standings 55, pp. 27-28 (partial) 29 Magazine 1971 Redskins Football Magazine, front cover, Redskins 55, pp. 29-30 cover Magazine table of contents, undated, at 3 29 Magazine 1972 Redskins, front cover, table of contents, Sept. 24, 73, pp. 4-5 (partial) 1972, at 3 29 Magazine Table of contents, & What’s in a Nickname, Pro! 73, pp. 6-9 (partial) Magazine, Nov. 20, 1972, at 3, 3A-5A 29 Magazine Division Playoff: Redskins vs. Green Bay Packers, front 73, pp. 10-14 (partial) cover, table of contents, photo entitled Game XIV— (dup page) Buffalo Bills vs. The Redskins, Pro! Magazine, Dec. 24, 1972, at 3, 26-27 29 Magazine Redskins vs. Cardinals, Pro! Magazine, Oct. 21, 1973 (not 73, pp. 15-18 (partial) on copy), front cover, & photo entitled Game 4—Cowboys (dup page) and Indians, at 83, photo entitled Game 4—Cowboys Scalped, at 85, photo entitled Game 4—The Promised Land, at 86 115 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 29 Magazine Redskins vs. Giants, front cover, Morris Siegel, George 73, pp. 19-24 article Preston Marshall: Master Showman, Mastermind, Pro! Magazine, Dec. 2, 1973, at 3C-5C, 7C 29 Magazine Redskins vs. Eagles, front cover, table of contents, at 3, & 73, pp. 25-31 (partial) photo under heading Game 15—Disaster in Dallas, at 39- (dup page) 41, Pro! Magazine, Dec. 16, 1973 29 Magazine 1974 Redskins, front cover, Redskins vs. Cardinals, front 74, pp. 4-8 (partial) cover, table of contents, News & Notes from Around the NFL, Pro! Magazine, Sept. 22, 1974, at 5, 16-17 29 Magazine Redskins vs. Giants, front cover, News & Notes, Pro! 74, pp. 9-10 (partial) Magazine, Sept. 28, 1975, at 6 29 Magazine Table of contents, partial article with caricature, Pro! 74, pp. 11-12 (partial) Magazine, Nov. 23, 1975, at 7, 11 29 Yearbook Redskins ’76 Yearbook, front cover, table of contents, 74, pp. 13-16 (partial) photo of marching band, It’s Halftime (photo illegible), at 85 29 Yearbook Redskins ’77, front cover, photo showing team helmets, 74, pp. 17-19 (partial) advertisements 29 Press guide 1970s team & coaching achievements, at 94 74, p. 20 (page) 29 Press guide 1979 Redskins, front cover, & Jefferson Hotel 74, pp. 21-22 (partial) advertisement 29 Magazine Redskins Edition, Dallas v. Washington, front cover, & 74, pp. 23-24 (partial) Greenhouse Lowes L’Enfant Plaza Hotel advertisement, Pro! Magazine, Sept. 8, 1980 29 Magazine Redskins Edition, New Orleans v. Washington, front 74, pp. 25-26 (partial) cover, & Greenhouse Lowes L’Enfant Plaza Hotel advertisement, Pro! Magazine, Oct. 26, 1980 29 Magazine Redskins Edition, St. Louis v. Washington, front cover, & 74, pp. 27-29 (partial) photos, Pro! Magazine, Nov. 1, 1981 (dup page) 29 Yearbook 1982 NFL Champion Redskins , The Season of Respect, 74, pp. 30-31 (partial) front cover, Leonard Shapiro, At RFK, the Crowds were Pleasers All Season, undated 29 Yearbook Hail to the Redskins, Official 1983 Team Yearbook, front 56, pp. 4-9 (partial) cover, photos and one article 29 Program Gameday, front cover, Ronn Levine, Redskins Band . . . 56, pp. 10-13 (partial) NFL’s First and Still the Best, at L41, Evans (dup page) advertisement featuring Redskins’ merchandise, Aug. 12, 1983 29 Program Photo entitled Three Cheers for the Redskinettes, 56, p. 14 photo Gameday (not on copy), Sept. 18, 1983 (not on copy) 29 Program Photos under title The Fan-atacism for the Redskins, & 56, pp. 15-16 photos & cartoon, Gameday (not on copy), Nov. 27, 1983 (not on cartoon copy), at L-16, L-39 116 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 29 Yearbook Hail to the Redskins, Official 1984 Team Yearbook, front 56, pp. 17-23 (partial) cover, table of contents, fight song, photos of (dup pages) Redskinettes, singers, and marching band 29 Yearbook Washington Redskins, Official 1985 Team Yearbook, 56, pp. 24-25 (partial) front cover, & photo of marching band, at 6 29 Program Gaithersburg (Md.) Redskins Fever, front cover, & 75, pp. 4-5 (partial) marching band members, at 11, Aug. 20, 1985 29 Program Gameday, front cover, Steve Guback, When It Came to 75, pp. 6-13 (partial) (dup pages) Fightin’ Cowboys, No Redskin Flung Arrows Mightier than Talbert, & photos of stadium and marching band, Oct. 19, 1986, at L19, L25, L55 29 Yearbook Washington Redskins, Official 1987 Team Yearbook, 75, pp. 14-17 (partial) front cover, & photos of Redskinettes & pageantry 29 Yearbook 1937-1986 Washington Redskins, Official 50th [1987] 75, pp. 18-20 (partial) Anniversary Team Yearbook, front cover, reproduction of historic cartoon, photo, & 1947 game advertisement for Redskins vs. Giants at the Polo Grounds 29 Program Gameday, front cover, table of contents, & reproduction of 75, pp. 21-23 (partial) 1958 program cover, Nov. 15, 1987, at 3, 19 29 Yearbook Official Yearbook of the 1988 World Champion 75, pp. 24-25; (partial) Washington Redskins, front cover, & photos of marching 57, pp. 4-5 (dup band pages) 29 Press guide 1988 Washington Redskins, front cover, history by key 57, pp. 6-7 (partial) dates, at 222 29 Program The 12th Man advertisement for Redskin souvenirs in 57, p. 8 advertisement Aug. 15, 1988 issue of Gameday (not on copy) 29 Yearbook Official 1989 Yearbook of the Washington Redskins, front 57, pp. 9-13 (partial) cover, Paul Denfeld, Hail to the Band, & photos of marching band, at 92-95 29 Press guide 1989 Washington Redskins, front cover, history by key 57, pp. 14-16 (partial) dates, at 239-40 29 Program Photos under title From Cheering to Charity . . . , 57, p. 17 (partial) Gameday (not on copy), Aug . 25, 1989 (not on copy), at 13 29 Program Gameday, front cover, Paul Denfeld, Hail to the Band, & 57, pp. 18-21 (partial) photos of marching band, Sept. 11, 1989, at 13, 15, 17 29 Yearbook Washington Redskins Official 1990 Yearbook, front cover 57, p. 22 cover 30 Yearbook 1937-1986 Washington Redskins, Official 50th [1986] 58, pp. 5-27, (complete) Anniversary Team Yearbook 59, pp. 4-32, 76, pp. 4-27, 60, pp. 4-26, 61, pp. 4-18 117 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Yearbooks Cooke Dep. Ex. 9: Washington Redskins, Official 1987 66, pp. 4-17 (partial) Team Yearbook, Limited Edition, front cover, & & photos of players in uniform, marching band, Redskinettes & pageantry, & 1937-1986 Washington Redskins, Official 50th [1987] Anniversary Team Yearbook, images of 6 helmets bearing various logos, reproduction of historic cartoon, articles, 1947 game advertisement for Redskins vs. Giants at the Polo Grounds, fight song lyrics, & photos of players in uniform, marching band, Redskinettes & pageantry LEGISLATIVE MATERIALS 90 Hearing Comm. on Natural Res., Subcomm. on Nat’l Parks, 95, pp. 35-43, summary & Forests & Public Lands, to authorize the construction, 45-46 statements maintenance, and operation of a new stadium in the District of Columbia, and for other purpose, Nov. 5, 1993 LYRICS, MUSIC FOLIOS & SHEET MUSIC 27 Music folio Al Stillman & Al Jacobs, Rosie the Redskin, 1938 50, pp. 26-31 28 Lyrics (partial) Hail to the Redskins! lyrics, in Washington Redskins’ 50, p. 33 50th Anniversary Yearbook 28 Sheet music Corinne Griffith (Marshall) & Barnee Breeskin, Hail to 50, p. 36 the Redskins 28 Lyrics Hail to the Redskins! Lyrics, in 1962 Washington Redskins game program 50, pp. 37-38 28 Lyrics Hail to the Redskins! Lyrics, in Pro!, Nov. 21, 1971, at 3 50, p. 39 6 Marketing materials 22 Misc. 22 Misc. 25 NFL Films transcript (partial) 32 File folder label (print) MARKETING MATERIALS Images of Redskins merchandise (with other NFL team merchandise) MISCELLANEOUS Peter Tamony Collection, clippings, undated & typed definitions, unsourced, from W. Hist. Manuscript Collection, Univ. of Mo. Red Indians entry from Brewer’s Dictionary of Phrase & Fable, undated, pp. 757-59, from W. Hist. Manuscript Collection, Univ. of Mo. Pages 1 and 9 of narration tracked on HAIL TO THE REDSKINS 1937-1988 (NFL Films), at 0:33-3:25, 18:3721:42, the DVD of which was also submitted as Petitioners’ Notice of Reliance, Ex. 95 Pro-Football, Inc. Re: Indian Complaints (re: use of name “Redskins”), William & Connelly (law firm) 118 67, pp. 165-82 72, p. 33 72, p. 34-35 50, pp. 19-20 77, p. 5 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 173 Internet Copy Editor Home Page, https://www.copyeditor.com 109, p. 173 homepage (accessed Sept. 2, 1997) N/A Note Gross Dep. Ex. 32.006: Mar. 1972 meeting attendance list 105, p. 69 N/A Coin N/A Court document N/A N/A Court document Brochure N/A Packaging LaFromboise Dep. Ex. 7: Indian head nickel (1937); As Stevens Dep. Ex. 7 Ross Dep. Ex. 165: Prefiled Direct Testimony of Dr. Jacob Jacoby, Mead Data Central, Inc. v. Toyota Motor Sales, U.S.A., Inc., CA No. 88-2854 (S.D.N.Y.) Ross Dep. Ex. 167: Initial Decision, FTC v. Kraft (Apr. 3, 1989) (partial) & related material Stevens Dep. Ex. 11: Bureau of Indian Affairs, U.S. Dep’t of the Interior, You Asked About . . . Indian Ancestry, with BIA Area Office Listing Stevens Dep. Ex. 13: Image of Argo-brand corn starch box 108, p. 85; (dup) 94, p. 107 93, pp. 51-83 N/A Packaging Stevens Dep. Ex. 14: Image of Land O’Lakes-brand carton 94, p. 123 93, pp. 98-103 94, pp. 115-16 94, p. 121 PERIODICAL MATERIALS—ADVERTISING/MARKETING BY THIRD PARTIES, INCLUDING ITEMS IN THIRD-PARTY PUBLICATIONS 11 Newspaper Hecht’s Dep’t Store advertisement, undated and 68, p. 43 advertisement unidentified publication 11 Newspaper Woodward & Lothrop advertisement, WASH. POST, date 69, pp. 7-8 advertisement illegible 16 Newspaper Janie advertisement (Broadway show), N.Y. TIMES, Oct. 70, p. 62 advertisement 29, 1942 (handwritten) 16 Navy Bureau Discount tickets sponsored by Navy for Redskins v. 70, p. 66 of Personnel Browns at Griffith Stadium, Nov. 17, 1957 brochure 16 Newspaper Charlotte News, The Redskins are Coming!, Event 70, p. 69 announcement announcement for Aug. 29, 1959 20 Poster Concerned Am. Indian Parents, How Would You Like It? 48, p. 89 (shows pennants with racial slurs & Cleveland Indians with Chief Wahoo) 80 Brochure HONOR, Inc., “What is the Point to all of this 91, pp. 203-06 Protesting? . . .” A Primer, 1992 N/A Brochure Hirschfelder Dep. Ex. 2: Brochure of consultation 106, pp. 13-16 services in Native Am. Studies PERIODICAL MATERIALS—CARTOONS 15 Cartoon Jim Berryman, Wonder How We’ll Get Along, reprinted 70, p. 28; from Wash. Star, 1937, undated and unidentified source (on Redskins move to DC from Boston); (dup) 66, p. 48 As Cooke Dep. Ex. 12 (part) 119 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 16 Cartoon Jim Berryman, Hey! Are These Two Gonna Start Given’ 70, p. 51 Me Trouble?, undated and unidentified publication (circa 1940s) (on popularity of Georgetown/GW football versus Redskins) 16 Cartoon Jim Berryman, C’mon Out and Play Chief!, undated and 70, pp. 52, unidentified publication (circa 1940s) (on injuries and (dup) 55 trade rumors regarding Redskins) 16 Cartoon Reinert cartoon, Rams to Fight Bring Cleveland its 70, p. 53 Second Pro Football Title, undated and unidentified publication (circa 1947) (on path to title) 16 Cartoon Cartoon, undated and unidentified publication (point of 70, p. 54 cartoon is unknown) 16 Cartoon Jim Berryman, Red, White—And Blue!, undated and 70, p. 56 unidentified publication (circa 1940s) (Redskins gloom over loss of Eastern title game) 16 Cartoon Jim Berryman, A Bold Challenge—With Reservations!, 70, p. 57 undated and unidentified publication (circa 1940s) (team limitations) 16 Cartoon Crockett, The Vanishing American, EVENING STAR 70, pp. 58-59 (Wash.), Dec. 9, 1940 (Redskins lose 73-0) 16 Cartoon Jim Berryman, Still Sitting—But Not Pretty!, EVENING 70, p. 60 STAR (Wash.), Nov. 17, 1941 (handwritten) (Bears (dup) challenging Redskins); As Cooke Dep. Ex. 12 (part) 66, p. 27 16 Cartoon Jim Berryman, Hang On Boy, He Might Stumble, WASH. 70, p. 61; POST, Nov. 17, 1941 (handwritten) (Redskins unafraid of (dup) Giants); As Cooke Dep. Ex. 12 (part) 66, p. 28 16 Cartoon Jim Berryman (caption cut-off), EVENING STAR (Wash.), 70, p. 64; Oct. 19, 1943 (handwritten) (point of cartoon is (dup) unknown); 66, p. 24 As Cooke Dep. Ex. 12 (part) 70, p. 65; 16 Cartoon Jim Berryman, No Time For Shadow Boxing, EVENING STAR (Wash.), Nov. 14, 1943 (handwritten) (Redskins v. Lions); (dup) As Cooke Dep. Ex. 12 (part) 66, p. 23 16 Cartoon Jim Berryman, Full of Food—And Fight!, unidentified 70, p. 67; publication, Nov. 24, 1950 (handwritten) (Bears winning history); (dup) As Cooke Dep. Ex. 12 (part) 66, p. 29 16 Cartoon Redskins 1960, undated and unidentified publication 70, p. 70; (team wins); (dup) As Cooke Dep. Ex. 12 (part) 66, p. 25 120 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 16 Cartoon F. Becerra, The Medicine Man, Yonkers Herald 70, p. 73 Statesman, Feb. 7, 1969 (Lombardi brings bottled GB medicine to DC) 16 Cartoon Viewpoints, FORT WORTH STAR TELEGRAM (Tex.), Nov. 70, p. 74; 21, 1979, at 14A (Indian runs away with the turkey as prize); (dup) As Cooke Dep. Ex. 12 (part) 66, p. 26 16 Cartoon Garner, Editorial, WASH. TIMES, 1988 (scalped man 70, p. 75 saying “I got tickets to the playoff!”) 16 Cartoon Anne Arundel Viewpoints, BALT. SUN, Dec. 18. 1994, at 70, p. 76 B4 (Cooke on a rocking horse wishing for Laurel stadium) 22 Cartoon The Indian Messiah [in Four Acts], ROCKY MTN. NEWS, 49, pp. 34-35 Nov. 19, 1890 72, p. 31 22 Cartoon High Lights of History: Colorado’s Indian Policy—1864, ROCKY MTN. NEWS, undated (Governor’s proclamation to friendly Indians to gather at Indian Agencies and keep away from hostile Indians) 72, p. 32 22 Cartoon Social Life in the Occident: A Western House-Warming, PUCK, undated (images suggestive of violence and alcoholism) PERIODICAL MATERIALS —SOURCED & DATED 68, p. 73 11 Newspaper Redskins’ Offensive Line Ready to Hit Warpath in Old photo & D.C. Today, TIMES-HERALD, Oct. 12, 1952 headline 68, p. 75 11 Newspaper Dave Slattery, Tribe Quarterbacks Go Back to School, article WASH. DAILY NEWS, Aug. 8, 1952, first part of article only (partial) 11 Newspaper Dave Slattery, The Redskins Resembled Cigar Store 68, p. 83; article Indians, WASH. DAILY NEWS, Oct. 6, 1958; (dup) As Nunberg Dep. Ex. 43 (part) 92, p. 157 11 Newspaper N. P. Clark, Speedy Steeds Outrun, Outgun Injuns, BALT. 68, pp. 84-85 article NEWS-POST, Oct. 27, 1958 11 Newspaper Tom Yorke, Redskins First in Trail-Blazing, WASH. DAILY 68, p. 86 article NEWS, Apr. 14, 1959 68, p. 87 11 Newspaper Max Muhleman, Beware, Colts! Redskins in Ambush, article CHARLOTTE (N.C.) NEWS, Nov. 7, 1959 11 Newspaper Tom Yorke, Brass Seeks Answers, WASH. DAILY NEWS, 68, p. 92 article Nov. 10, 1960 11 Newspaper Tom Yorke, Colts Are Scalping Redskins at the Gate, 68, p. 93; article WASH. DAILY NEWS, May 23, 1961; (dup) As Nunberg Dep. Ex. 43 (part) 92, p. 160 11 Newspaper The New Indian Rope Trick, WASH. DAILY NEWS, July 31, 68, p. 94 photo & ledger 1961 121 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 68, p. 100 11 Newspaper Tom Yorke, Our Injuns Get Tuneup; Sonny the Spark article Plug, WASH. DAILY NEWS, Oct. 25, 1965 11 Newspaper Skins Scalp Giants, 23-7, DAILY NEWS (N.Y.), Nov. 8, 68, p. 101; headline & 1965; photo As Nunberg Dep. Ex. 43 (part) 92, p. 161 68, p. 102; 11 Newspaper Tom Yorke, Directors Meet Next Week; McPeak is Facing article the Tomahawk, WASH. DAILY NEWS, Dec. 16, 1965, at E(dup) 1, E-4; As Nunberg Dep. Ex. 43 (part) 92, p. 165 68, p. 103 11 Newspaper Tom Yorke, Did Tribe Panic on Paluck Deal?, WASH. DAILY NEWS, Aug. 18, 1966, at 36 article 11 Newspaper Dave Brady, Redskins Scalp 49ers, Plan Cowboy Ambush, 68, p. 104 article PRO FOOTBALL WEEKLY, Nov. 13, 1967, at 5, copy illegible 11 Newspaper Bob Levey, A Redskin ‘Salesman’ Gets Scalped, WASH. 69, p. 9 article POST, Oct. 21, 1985 (handwritten) 11 Newspaper Martie Zad, Redskins Back on the Warpath, WASH. POST, 69, p. 11; article Aug. 5, 1990 (handwritten); (dup) As Nunberg Dep. Ex. 43 (part) 92, p. 164 69, p. 31 12 Newspaper ACC Won’t Puff on GP’s Peace Pipe, WASH. DAILY NEWS, Dec. 3, 1949, at 19 article 12 Newspaper EVENING STAR (Wash.), Sept. 22, 1959, at A-17 69, p. 39 photo 12 Newspaper Tom Seppy, Skins’ Pow, Wow Fading?, DALLAS MORNING 69, p. 43 (handwritten), Nov. 21, 1978 (handwritten) article 69, p. 48 13 Newspaper Blain Harden, 500,000 Frenzied Fans Revel in the Rain photo, article for Redskins, WASH. POST, at A1 (partial) 69, pp. 49-50 13 Newspaper Patricia E. Bauer & John Mintz, Unbelievers in an Alien article, photos Land, WASH. POST, Jan. 11, 1981, at A8 13 Newspaper June Cook, The Chief of Victory, GREAT TIMES, Aug. 25, 69, p. 51 article, photo 1983, at 7 13 Newspaper Martin Kimel, The Lullaby of Washington, WASH. POST, 69, p. 57 article, photo Jan. 31, 1991 (handwritten) 69, p. 58 13 Newspaper Valerie Lynn Dorsey, Indian Mascots Stir Sensitivity article Debate, USA TODAY, Oct. 23, 1991 (handwritten) (partial) 13 Newspaper Kara Swisher, Undefeated ‘Skins Fans on the Store Path, 69, p. 59 article, photo WASH. POST, Oct. 26, 1991 (handwritten) 13 Newspaper Bob Molinaro, Redskins Leave No Doubts, Virginian-Pilot 69, pp. 61-62 article, photo (Va.-N.C.), Jan. 27, 1992 13 Newspaper Lorraine Woellert, Movable Feats: Redskins Fans Bring 69, p. 64 article, photos Party to Parking Lots at RFK, Sept. 5, 1994, at C4 122 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 16 Newspaper 70, p. 71 Tom Yorke, Jurgensen to be Out Two to Three Weeks, article & WASH. DAILY NEWS, Aug. 5, 1964, at 39 (cartoon shows caricature of QB with arm around Indian caricature) cartoon 16 Newspaper Tom Yorke, Redskins Don’t Figure to be as Nervous 70, p. 72 article Without Pervis, WASH. DAILY NEWS, Oct. 14, 1965 (handwritten) 17 Newspaper Redskins’ Marshall Under Fire Again, WASH. DAILY 48, p. 5 article NEWS (handwritten), Jan. 18, 1957 (handwritten) 17 Newspaper Jack Eisin, Marshall Warned on Color Bar, & Dave 48, p. 8 articles Brady, Marshall Willing to Debate with President on Negro Players, WASH. POST, Mar. 25, 1961 17 Newspaper New Look for the Redskins, AUGUSTA CHRONICLE (Ga.) 48, p. 11 article (handwritten), Mar. 29, 1961 (handwritten) 17 Newspaper This Morning . . . with Shirley Povich, WASH. DAILY 48, p. 12 article NEWS, Apr. 27, 1961 (handwritten) 17 Newspaper Dave Brady, Administration Chided Over ‘Skins, WASH 48, p. 13 article POST, May 5, 1961 (handwritten) 17 Newspaper Gene Markham, Skins’ Owner Knows About ‘African 48, p. 14 article Problem’, TIMES-HERALD (Newport News, Va.), May 12, 1961, at 2 17 Newspaper Udall Standing Pat on Integration of Redskins this Fall, 48, p. 15 article & Tom Yorke, Grid Game on TV Here, WASH. DAILY NEWS, June 27, 1961 17 Newspaper Lewis F. Atchison, Marshall Loses High First with Udall 48, pp. 16-17 article on Racial Issue: NFL Head gets Redskin Pledge to use Negros, EVENING STAR (Wash.), Aug. 15, 1961 48, p. 18 17 Newspaper UPI, George Marshall, Redskin Chief, Dies, PITTSBURGH PRESS (Pa.), Aug. 10, 1969 article 48, p. 19 17 Newspaper Dave Brady, Mitchell Broke Color Line and Records for article Redskins, JERSEY JOURNAL (NJ), Sept. 9, 1969 48, p. 24 18 Newspaper Tom Quinn, Redskins, Rednecks, WASH. DAILY NEWS, Nov. 5, 1971 article 48, p. 27 18 Newspaper Tom Quinn, Indians are Starting to Fight Back, WASH. DAILY NEWS, Jan. 28, 1972, at 72 article 18 Newspaper Morris Siegel, Siegel at Large, WASH. STAR, Jan. 26, 1972 48, p. 28 article (handwritten), at A-1, A-3 48, p. 29 18 Newspaper Russ White, No Reservations, Williams' Answer: What's article In A Name?, EVENING STAR (Wash.), Jan. 27, 1972 18 Newspaper Tom Quinn, Redskins Face Suit, & Tom Quinn, The 48, p. 30 article Quest for Dignity, WASH. NEWS (handwritten), Feb. 18, 1972 (handwritten), at 107 18 Newspaper Tom Quinn, What's in a nickname? In Washington, plenty 48, p. 31 article of trouble, possibilities, WASH. DAILY NEWS (handwritten), Feb. 29, 1972 (handwritten) 123 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 18 Newspaper Tom Quinn, More on the Redskins, WASH. DAILY NEWS, 48, p. 32 article Mar. 22, 1972 48, p. 33 18 Newspaper Tom Quinn, Williams, Indians in Showdown, WASH. DAILY NEWS, Mar. 30, 1972, at 53 article 48, p. 34 18 Newspaper Steve Guback, Indians Take On Williams, WASH. STAR (handwritten), Mar. 30, 1972 (handwritten) article 18 Newspaper Shelby Coffey III, Indians Open War on Redskins, WASH. 48, pp. 35, POST, Mar. 30, 1972, at F1 (dup) 85 article 48, p. 36 18 Newspaper George Solomon, Redskins Keep Names, Will Change article Lyrics, WASH. POST , July 18, 1972 (handwritten) 48, p. 37 18 Newspaper Steve Guback, Time Will Tell- Allen on Redskins: “Could article be the Best,” EVENING STAR (Wash.), Nov. 14, 1972 18 Newspaper Steve Guback, Dallas Favored by 6- Allen: No Letup Rest 48, p. 38 article of the Way EVENING STAR (Wash.), Dec. 5, 1972 19 Letter to the Emily Thurocey, Change the Name, WASH. POST (typed), 48, p. 40 editor Aug. 12, 1987 (typed) 19 Letters to the The Redskins’ Name (Cont’d.), Christopher Burke, Arthur 48, p. 41 editor Stambler, WASH. POST, Aug. 28, 1987 (handwritten) 19 Newspaper Tim Giago, If the Name Redskins Doesn't Bother Team 48, p. 42 editorial Owner, How About Blackskins?, SIOUX FALLS ARGUS LEADER (handwritten), Feb. 21, 1988 (handwritten) 19 & Newspaper Leonard Shapiro, Offensive Penalty is Called on (reprinted) 48, 23 article ‘Redskins’ - Native Americans Protest the Name, WASH. pp. 47-48; 72, pp. 52-53 POST, Nov. 3, 1991, at D1, D9 19 Newspaper Benjamin Alexander Jr., Why This Football Lover Passed 48, p. 49 article up the Super Bowl, WASH. POST, Feb. 23, 1992 [not on copy] 48, p. 50 19 Newspaper Les Suzukamo, Indians Plan Super Protest of Redskins’ article Name, ST. PAUL PIONEER PRESS, Jan. 22, 1992 19 Newspaper K. R. Clark, What’s In a Name? A Redskin by . . . , 48, p. 51 commentary PENTAGRAM, Feb. 6, 1992, at 10 48, p. 52 19 Newspaper Claude Lewis, The Name 'Redskins' is a Loser, PHIL. INQUIRER, Mar. 2, 1992 article 19 Newspaper Vincent McCraw, Indians, Friends Huddle up on Effort to 48, pp. 53-54 article Spike Redskins’ Name, WASH. TIMES, Mar. 4, 1992 (handwritten), at B1, B6 19 Newspaper Dick Heller & Tom Knott, Should the Redskins Change 48, pp. 55-56 commentary Their Name, WASH. TIMES, Mar. 4, 1992 [not on copy], at D1, D6 19 Newspaper Leonard Shapiro, WTOP Won’t Say ‘Redskins’, WASH. 48, pp. 57-58 article POST, Mar. 15, 1992 (handwritten), at D1, D13 48, p. 59 19 Newspaper Associated Press, NAACP Objects to ‘Redskins’; Chief article Doesn’t, N. VA. DAILY (typed), Aug. 5, 1992 (typed) 124 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 19 Newspaper Mayor favors renaming Redskins, WASH. TIMES, Aug. 24, 48, p. 64 article 1993 48, p. 65 19 Newspaper Suzanne Fields, Gridiron Tepee of Sensitivity, WASH. TIMES, Aug. 30, 1993, at E1, E4 article 48, p. 66 19 Newspaper Ruben Castaneda, Protesters Condemn Redskins Name, article WASH. POST, Sept. 7, 1993 (handwritten) 19 Newspaper Serge F. Kovaleski, Delays Push Back Stadium’s Chances 48, pp. 67-68 article for 1995 Opening, WASH. POST, Oct. 28, 1993 (handwritten), at C1-C2 19 Newspaper Mark Fitzgerald, Drop Indian Sports Terms, Minorities 48, p. 69 article Say, EDITOR & PUBLISHER, Aug. 13, 1994 19 Newspaper Richard Leiby, Bury My Heart at RFK – How the 48, pp. 70-74 article Redskins Got Their Name and Why Just Maybe it Should be Changed, WASH. POST, Nov. 6, 1994, at F1, F4-F5 20 Newspaper Dartmouth Loses Its Indian Mascot, N.Y. TIMES, Oct. 12, 48, pp. 83-84 article 1969 20 Newspaper Shelby Coffey III, Indians Open War on Redskins, WASH. 48, pp. 85-87 article POST, Mar. 30, 1972, at F1 20 Magazine Reprint of Calvin Trillin, U.S. Journal: Hanover, N.H., 48, p. 88 article The Symbol is a Symbol, NEW YORKER, May 7, 1979 48, pp. 90-91 20 Newspaper Ron Martz, Stereotypes of Indians Ingrained in America, article ATL. J-CONST., Dec. 7, 1986 (handwritten), at 1A, 16A. 48, p. 92 20 Newspaper Don Boxmeye, Humboldt Urged to Leave Indians in article Peace, ST. PAUL PIONEER PRESS DISPATCH, Nov. 29, 1987 20 Newspaper Elmer M. Savilla, Sticks and Stones & Names All Hurt, 48, p. 96 article LAKOTA TIMES, 1988 48, p. 97 20 Publication Associated Press, Group Calls Indian Name Racist, article WATERTOWN PUBLIC OP. (handwritten), Jan. 1988 48, p. 98 20 Publication Associated Press, Indian Group Fights ‘Racist’ Team article Names, ST. CLOUD DAILY TIMES (handwritten), Jan. 1988 [not on copy] 20 Newspaper Mark Grossman, ‘Redskins’ Irks Indians; Protest Planned, 48, pp. 99-100 article FAIRFAX J. (Va,), Jan. 21, 1988 (handwritten), A1, A6 48, p. 101 20 Newspaper Clarence Page, It'll Be the Broncos vs. a Racial Slur, editorial CHICAGO TRIBUNE, Jan. 24, 1988, at C3 20 Newspaper Paul O. Sand, Do Not Continue to Smear American 71, p. 4 editorial Indians in Team Names, ST. PAUL PIONEER PRESS DISPATCH, Jan. 28, 1988, at 17A 71, p. 6 20 Newspaper Pat Helmberger, Consider Religious Significance, commentary PIONEER (Bemidji, Minn. (handwritten)), Feb. 5, 1988 (handwritten) 20 Newspaper Amy Brooks Baker, Redskins Won? Not if This Group has 71, p. 7 article Anything to Say About it!, CHRISTIAN SCIENCE MONITOR, Feb. 5, 1988 125 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 20 Newspaper Bob Bernotas, Sports Corner, and D.C. Group Tackles the 71, pp. 8-9 editorial Redskins, BALT. JEWISH TIMES, Feb. 12, 1988, at 64-65 20 Publication Don Coldsmith, Horsin’ Around: Racism Topic of Athletic 71, p. 10 column Concern, GRASS & GRAIN (Kan.), Mar. 8, 1988 71, p. 11 20 Newspaper Richard Cohen, Critic at Large: Redskin Reservations, editorial WASH. POST, Apr. 17, 1988 71, pp. 12-13 20 Newspaper Tim Thornton, No Humor Found in Ignorance, editorial WINCHESTER STAR (Va.) (handwritten), June 2, 1988 (handwritten) 20 Magazine Rick Telander, This Was a Magic Year, SPORTS 71, p. 14 editorial ILLUSTRATED, Dec. 26, 1988 (handwritten), at 168 20 Student Sam Thorp, Mascot Could be Part of Bigger Problem, THE 71, p. 15 newspaper PENN, Dec. 8, 1989, at 7 editorial 71, p. 18 20 Newspaper Colman McCarthy, Now It's Time for the Braves to Chop editorial that Offensive Name, WASH. POST, Nov. 2, 1991, at A23 20 Newspaper Nancy Butterfield (Chippewa Indian), Indians Still a 71, p. 22 editorial Long Way From Racial Equality, SEATTLE TIMES, Jan. 21, 1991 (handwritten), at A13 20 Newspaper Sen. Paul Simon, Plight of Native Americans Needs New 71, p. 23 commentary Understanding, CHAMPAIGN-URBANA NEWS-GAZETTE (Ill.), Mar. 24, 1991 71, p. 27 20 Newspaper Steve Christllaw, Native Americans Sensitive to Slurs, commentary SEATTLE TIMES, Oct. 21, 1991, at D1, D6 71, p. 28 20 Newspaper Richard Keil, Redskins Next Target of Indians, RAPID CITY J. (S.D.), Oct. 23, 1991 article 71, p. 28 20 Newspaper Associated Press, ‘Chop’ Splits Braves Fans, RAPID CITY J. (S.D.), Oct. 23, 1991 article 20 Newspaper Valerie Lynn Dorsey, Native Americans Say Teams Turn 71, pp. 29-31 article People Into Mascots, USA TODAY, Oct. 23, 1991 71, p. 32 20 Magazine Rick Reilly, Let’s Bust Those Chops: Native Americans editorial Have Every Reason to Object to the Way They’re Caricatured by Teams, SPORTS ILLUSTRATED (handwritten), Oct. 28, 1991 (handwritten), at 110 71, p. 21 20 Newspaper Pat Doyle, ‘Chop’ is Spreading, but Indians Disagree on 71, pp. 33-35 article What is Offensive Most Decry 'Redskins’ Nickname, STAR TRIBUNE (Minn.), Nov. 1, 1991, at 2B 20 Newspaper Elmer Savilla, ‘Redskins’ Should Go Says Virginia 71, p. 36 article Governor, LAKOTA TIMES (not shown on copy), Nov. 6, 1991 71, p. 37 20 Newspaper Associated Press, Journalist Unprepared for Reservation article Visit, FORUM (Fargo, N.D.), Nov. 20, 1991, at A5 71, p. 38 20 Newspaper Redskins, Braves: Listen to Those You've Offended, USA TODAY, Nov. 25, 1991 editorial 126 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 20 Magazine Norris Hite Jr., Understanding and Respect, NSBE, Jan. 71, p. 43 editorial 1992, p. 12 71, p. 45 20 Newspaper Edward Lazarus, Redskins: What's in the Name, WASH. POST, Jan. 14, 1992 (handwritten) editorial 71, p. 46 20 Newspaper Nick Coleman, Indian Nicknames Spark Column War, column ST. PAUL PIONEER PRESS (Minn), Jan. 16, 1992 71, pp. 47-48 20 Newspaper Bunty Anquoe, ‘Redskins’ New Site on Interior Land, article LAKOTA TIMES, Jan. 21, 1992, at A1-A2 20 Newspaper Elmer Savilla, Real Indians Need to Tackle Mascot 71, p. 49 opinion Issue," Lakota Times, Jan. 21, 1992, at A5 71, p. 50 20 Newspaper Randy Furst, Wellstone Urges End to Washington article 'Redskins', STAR TRIBUNE (Minn.), Jan. 23, 1992 20 Newspaper Margaret Cohen, Indian Mascot Protest Starts, RAPID 71, pp. 51-52 article CITY J. (S.D.), Jan. 24, 1992 20 Newspaper Peter Lewis, Indian Principal No Redskin Fan, SEATTLE 71, pp. 53-54 article TIMES, Jan. 26, 1992, at B1, B4 20 Newspaper Leonard Inskip, Redskins: Good Team, Bad Name, STAR 71, p. 55 article TRIBUNE (Minn.), Jan. 26, 1992 20 Newspaper Eric Haase, 3,000 Protest at Super Bowl (photo) & 3,000 71, pp. 57-64 article & Rally Against Racist Mascots, LAKOTA TIMES, Jan. 28, photo 1992, at B1-B2 71, p. 65 20 Newspaper Tradition Shouldn’t Obscure Racism Against Indians, editorial SEATTLE TIMES, Feb. 8, 1992 (handwritten), at A15 71, p. 66 20 Newspaper Kent Winters-Hazelton, Blake Lewis & Kathryn Tobias, editorial A New Name for the Redskins, WASH. POST, Feb. 8, 1992 (handwritten) letters 20 Newspaper Robert C. Hunter, Continue to Educate the Ignorant, John 71, pp. 67-68 editorial Pohlmann, We Can Communicate, Erik Bailey, letters Sometimes Even Minorities Miss the Point, Miriam Helphill, Public Education Exposes False Traditions, Sen. Paul Simon, Article ‘Excellent’, Ken Mitchell, Are There Non-Racist Mascot Choices, Carter Nash, Reader Says to ‘Lighten Up!”, Helen Allen, Keep Being Vocal, & Peter Pohl, Their Turn, WASH. POST, Feb. 8, 1992 (handwritten) 20 Newspaper No More Braves or Redskins, SEATTLE TIMES, Feb. 15, 71, p. 69 article 1992 20 Newspaper To Our Readers, OREGONIAN (Portland), Feb. 16, 1992 71, p. 70 note 71, p. 71 20 Newspaper Bunty Anquoe, D.C. Council to Consider ‘Redskins’ article Protest, LAKOTA TIMES, Mar. 4, 1992 20 Newspaper Tony Kornheiser, By Any Other Name, WASH. POST, Mar. 71, p. 72 editorial 5, 1992 (not shown on copy) 127 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 20 Publication Tim Sandler, Unsportsmanlike Conduct, In These Times, 71, pp. 73-74 article Mar. 11-17, 1992 20 Newspaper Andy Rooney, Redskins Blame Whites Too Much, DAILY 71, p. 75 RECORD (N.J.) (handwritten), Mar. 11, 1992 commentary (handwritten) 20 Publication Tim Sandler, Chop, Chop Native Americans Fight Back 71, pp. 76, 79article Against Racial Stereotyping, Boston Phoenix, Mar. 13, 80 1992 20 Newspaper Bunty Anquoe, D.C. Radio Station Won’t Say ‘Redskins’, , 71, p. 77 article LAKOTA TIMES (handwritten), Mar. 18, 1992 (handwritten) 71, p. 78 20 Newspaper Andy Rooney, A (Sort of) Apology to Indians, DAILY RECORD (N.J.) (handwritten), Apr. 19, 1992 (handwritten) commentary 20 Newspaper Nick Coleman, Didja Even Notice How Some People Never 71, p. 81 commentary Learn, DAILY RECORD (N.J.), Apr. 20, 1992 (handwritten) 20 Newspaper Eric Zorn, In Pros or Preps, 'Redskins' a Slur, CHI. TRIB., 71, p. 82 editorial May 21, 1992 20 Newspaper Avis Little Eagle, Protesters Meet Kansas 'Chiefs' at 71, pp. 83-84 articles Training Camp, Mascots: A History of Cultural Insensitivity, & A Chronology of the Mascot Controversy, LAKOTA TIMES (handwritten), July 29, 1992 (handwritten), at B1-B2 20 Newspaper A Slur Is a Slur, ALBUQUERQUE J. (N.M.),Sept. 12, 1992 71, p. 87 editorial 71, pp. 88-89 20 Newspaper Avis Little Eagle, Action Taken to Chop ‘Redskins’ article Trademark, LAKOTA TIMES, Sept. 16, 1992 (handwritten) 71, p. 90 20 Publication National Coalition Challenges Federal Trademark article Registrations, THE CIRCLE, Oct. 1992 20 Newspaper Jonathan Rand, It’s Time to Dump the Chop, Kansas City 71, pp. 91-92 editorial Star, Nov. 13, 1992 20 Newspaper John Killen, The Story of the Oregonian Decision, INDIAN 71, pp. 93-94 editorial letter COUNTRY TODAY (handwritten), Nov. 19, 1992 (handwritten), at A4 49, p. 4 20 Newspaper Barbara Reynolds, History Demands End to 'Redskins'," editorial USA TODAY (handwritten), Feb. 5, 1993 (handwritten) 49, p. 5 20 Newspaper Jennifer Marklewicz, ‘Redskins' Banned by University article Senate, MIAMI STUDENT, Apr. 13, 1993 20 Newspaper Avis Little Eagle, Sen. Nighthorse Stalks Redskins, 49, p. 6 article INDIAN COUNTRY TODAY, July 8, 1993, at A1-A2 20 Newspaper Buntie Anquoe, 'Redskins' on the Run. Bill Seeking Name 49, pp. 7-8 article Change, INDIAN COUNTRY TODAY, Aug. 1, 1993, at A1-A2 20 Newspaper Terry Johnson, Minneapolis Star Tribune Specifies 49, p. 9 article Mascot Policy, INDIAN COUNTRY TODAY, Feb. 10, 1994, at A3 128 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 20 Newspaper Terry Johnson, Minneapolis Star Tribune Discontinues 49, p. 9 article Mascot Use, INDIAN COUNTRY TODAY (handwritten), Feb. 2, 1994 (handwritten) 20 Newspaper 49, p. 10 Shawn Bluejacket, How About a Team Named the letter to the Missoula Rednecks, INDIAN COUNTRY TODAY, Jan. 26, 1995 editor 21 Newspaper Tim Giago, Using Sham Rituals to Boost Sports Teams 49, p. 13 editorial Belittles Native Americans' Culture, ST. PAUL PIONEER PRESS, Oct. 22, 1991 49, p. 14 21 Newspaper Tim Giago, Ignorance Adds Insult to Injury, LAKOTA TIMES, Oct. 30, 1991 editorial 21 Newspaper Tim Giago, I Hope the Redskins Lose, NEWSWEEK, Jan. 49, p. 15 editorial 27, 1992, at 8 21 Newspaper Tim Giago, Brave Redskins? Gee, Mr. Cooke, Very Bigot of 49, p. 16 editorial You, LAKOTA TIMES, Feb. 4, 1992 21 Newspaper Tim Giago, Mascot Issue Won't Go Away and Neither Will 49, p. 17 editorial Indian People, LAKOTA TIMES, Apr. 1, 1992 22 Newspaper Merritt Meets the Enemy, DAILY NEWS (Denv.) 49, pp. 19-21 article (handwritten), Oct. 8, 1879 (handwritten) 22 Newspaper Indian Massacre, ROCKY MTN. NEWS (handwritten), Jan. 49, pp. 22-23 article 1, 1882 (handwritten) 22 Newspaper The Sand Creek Battle, CHICAGO TRIBUNE (handwritten), 49, pp. 24-25 article Aug. 8, 1887 (handwritten) 22 Newspaper Indians Ready to Fight, N.Y. TIMES (handwritten), Nov. 49, pp. 26-27 article 22, 1890 (handwritten) 49, p. 28 22 Newspaper Ready for Battle: the Rebellious Redskins, ASPEN DAILY TIMES, Nov. 29, 1890 article 22 Newspaper A Bad Ute's Skull, ROCKY MTN. NEWS, Nov. 16, 1890 49, pp. 29-31 article 22 Newspaper A Sioux Outbreak, ROCKY MTN. NEWS, Nov. 18, 1890 49, pp. 32-33 article 22 Newspaper Troops Moving Forward, N.Y. TIMES (handwritten), Nov. 49, pp. 36-37 article 20, 1890 (handwritten) 22 Newspaper The Ghost Dance, N.Y. TIMES (handwritten), Nov. 22, 49, p. 38 article 1890 (handwritten) 22 Newspaper The Latest Indian News, DAILY NEWS (Denv.) 49, pp. 40-41 article (handwritten), Nov. 23, 1890 (handwritten) 22 Newspaper Dancers Threaten to Shoot, N.Y. TIMES (handwritten), 49, p. 42 article Nov. 23, 1890 (handwritten) 22 Newspaper To Ambush the Soldiers, N.Y. TIMES (handwritten), Nov. 49, pp. 43-46 article 24, 1890 (handwritten) 22 Newspaper Abandoning the Craze, ROCKY MTN. NEWS (handwritten), 49, pp. 47, article Nov. 26, 1890 (handwritten); (dup) 48; As Nunberg Dep. Ex. 24 83, p. 147-48 129 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 22 Newspaper Cowed by the Soldiers, N.Y. TIMES (handwritten), Nov. 49, pp. 49-52, article 26, 1890 (handwritten); (dup) 53-55; As Nunberg Dep. Ex. 23 83, pp. 143-45 22 Newspaper Montana Redskins, ROCKY MTN. NEWS (handwritten), 49, p. 56 article Nov. 28, 1890 (handwritten) 22 Newspaper To Disarm the Hostiles: Cavalry Under Orders for a Night 49, pp. 57-59 article March, N.Y. TIMES, Nov. 29, 1890 22 Newspaper The Messiah Craze, ROCKY MTN. NEWS, Dec. 1, 1890 49, p. 62 article (handwritten) 22 Newspaper Prowling Redskins, ROCKY MTN. NEWS, Dec. 11, 1890 49, p. 63 article (handwritten) 22 Newspaper 49, p. 64 Apache Excitement. The Redskins in New Mexico Hold a article Ghost Dance, ROCKY MTN. NEWS, Dec. 12, 1890 (handwritten) 22 Newspaper Ute Uprising, ROCKY MTN. NEWS, Dec. 16, 1890 49, p. 65 article (handwritten) 22 Newspaper On the Warpath, ROCKY MTN. NEWS, Dec. 18, 1890 49, pp. 66-67 article (handwritten) 22 Newspaper An Indian Battle, ASPEN DAILY NEWS, Dec. 20, 1891 49, p. 68 article 22 Newspaper 49, pp. 71-72 Fifty Killed: Redskins are Being Shot Down by the article Soldiers as They Appear, Without Mercy, ROCKY MTN. NEWS, Dec. 30, 1890 (handwritten) 22 Newspaper 49, p. 73 Counting the Dead: The Redskins Did Not Last Long article Before the Cavalry, But Attempted to Escape, ROCKY MTN. NEWS, Dec. 31, 1890 (handwritten) 22 Newspaper Chased by Indians, ROCKY MTN. NEWS, Jan. 6, 1891 49, pp. 74, article (handwritten); (dup) 75; As Nunberg Dep. Ex. 21 83, p. 139 22 Newspaper Rode for Their Lives, ROCKY MTN. NEWS (handwritten), 49, p. 76 article Jan. 6, 1891 (handwritten) 22 Newspaper The Redskin Trouble, ASPEN DAILY NEWS (handwritten), 49, p. 78 article Jan. 7, 1891 (handwritten) 22 Newspaper Looting Homes, ROCKY MTN. NEWS , Jan. 8, 1891 49, p. 79 article (partial) 22 Newspaper Awaiting a Chance, ROCKY MTN. NEWS, Jan. 10, 1891 49, p. 81 article (handwritten) 22 Newspaper Calling for Arms, ROCKY MTN. NEWS, Jan. 11, 1891 49, pp. 82-84, article (handwritten) (dup front page) 85 22 Newspaper Ready for Trouble, ROCKY MTN. NEWS, Jan. 12, 1891 49, p. 86 article (handwritten) 130 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 22 Newspaper Bull’s Plot, ROCKY MTN. NEWS, Jan. 12, 1891 49, p. 87 article (handwritten) 22 Newspaper The Redskins Are Slowly Moving Toward Pine Ridge, 49, p. 88 article ROCKY MTN. NEWS (handwritten), Jan. 12, 1891 (handwritten) 22 Newspaper Into the Bad Lands, ROCKY MTN. NEWS, Jan. 14, 1891 49, p. 89 article 22 Newspaper The Redskins Have Great Faith in Their Bullet-Proof Red 72, p. 4 article Flannel Shirts, ROCKY MTN. NEWS, Jan. 15, 1891 (handwritten) 22 Newspaper To Fight the Redskins, ROCKY MTN. NEWS (handwritten), 72, pp. 5-6 article Jan. 15, 1891 72, p. 7 22 Newspaper The American Indian Difficulty, LONDON TIMES (handwritten), Jan. 15, 1891 (handwritten) article 22 Magazine The Sioux Rebellion, HARPER’S WEEKLY, Feb. 7, 1891 72, p. 8 article (handwritten), at 106 72, pp. 18, 22 Newspaper The American Indian Difficulty, LONDON TIMES (handwritten), Jan. 3, 1891 (handwritten); (dup) 19; article As Nunberg Dep. Ex. 22 83, p. 141 72, p. 36 22 Newspaper Redskin Chieftains Welcome Buffalo Bill and Retell article Stirring Tales, DENVER POST (handwritten), Oct. 15, 1913 (handwritten) 72, p. 37 22 Newspaper Indians Destroy Road Signs to Check Flood of Tourists, article DENVER POST (handwritten), Feb. 5, 1922 (handwritten) 22 Newspaper Custer's Men Lured into Trap By Wily Redskins, DENVER 72, p. 38 POST (handwritten), June 19, 1932 (handwritten) article 72, pp. 39-40, 22 Newspaper ‘Fort Wicked’ Too Tough for Redskins: Pleasant-Faced (dup) 41 article Rancher and Garrison of Three Men, Four Women, Beat Off Savages, ROCKY MTN. NEWS, Oct. 21, 1932 22 Newspaper 72, pp. 42-43 Story of Battle on Lightning Creek in 1903; Indians Lost article Battle with Cowbys; Eagle Feather’s Skull Found and Now Preserved, LUSK HERALD, May 28, 1936, at 3, 6 22 Newspaper Roger Williams, Stanford Alumni Clamor for Tradition: 72, p. 48 article The Return of the Indian, S.F. Examiner, Nov. 12, 1974 22 Newspaper Marge Banks, Indians Here on Warpath Against Tribe, 72, p. 51 article Cleveland Press, Mar. 17, 1970 Newspaper Avis Little Eagle, Protestors Challenge Racist Mascot 72, pp. 54-56 23 article Names, INDIAN COUNTRY TODAY (not on copy), Nov. 19, 1992 (not on copy), at A1, A7 32 Newspaper ‘Redskins’ Target of Movement, EVENING STAR, Jan. 19, 77, p. 14 article 1972 43 Magazine Robert Gessner, Vengeance on the Redskin! How the 78, pp. 10-14 article White Man Massacres the Indian, Outlook & Independent, Mar. 11, 1931, at 367-69, 382, 131 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 45 Magazine Redskin Revival, NEWSWEEK, Feb. 20, 1939, at 14-15 78, pp. 16-18 article 78, pp. 20-23 46 Magazine J. H. Peck, How I Put Down the Redskins, SAT. EVENING POST, Oct. 23, 1943, at 25, 126, 128 article 47 Magazine Don Eddy, Whooping it up with the Redskins, AM. MAG., 78, pp. 25-34 article Nov. 1953, at 38-41, 93-97 59 Magazine Richard MacPhie, We Are Not Extras: A Native American 87, pp. 97-101 article Perspective on the Morality of Indian Mascots, Colors, Jan.–Feb. 1992, at 12-15 73 Newsletter Dartmouth College Alumni Newsletter, Apr. 27, 1973 91, pp. 73-75 88 Univ. Michael Cabonargi, Miami University and the “Redskin” – 95, pp. 22-30 magazine an Analysis, & Brett Harwood, Harwood Addresses U. article Senate on “Redskin” Issue, Voice, Apr. 27, 1993 128 Newspaper Paul Shomin, Scalping Demonstration Outrage, Wassaja, 64, pp. 40-44 article Oct. 1975 N/A Newspaper Cooke Dep. Ex. 11: 66, p. 21 article Leonard Shapiro, Indian Group to Stage Protest Sunday at RFK, Wash. Post, Oct. 31, 1991, at B3 83, pp. 135-37 N/A Newspaper Nunberg Dep. Ex. 20: Fighting Indians, ROCKY MTN. NEWS (handwritten), June 11, 1891 (handwritten) article 173 Newsletter Copy Editor, June/July 1997 109, pp. 164-71 173 Letter to Mary Beth Protomastro, Redskin Sacked, Copy Editor, 109, pp. 175-76 editor Aug./Sept. 1997, at 7 PERIODICAL MATERIALS—UNDATED AND/OR UNIDENTIFIED PUBLICATION 11 Newspaper All Chiefs, No Indians, undated and unidentified 68, p. 44 article publication 11 Newspaper Jack Seli, Washington Team’s Powerful Attack Routs 68, p. 45 article Local Team, undated and unidentified publication 11 Newspaper Heap Big Injuns, undated and unidentified publication 68, p. 46 article 11 Newspaper Redskins Scalp Army Gridders, undated and unidentified 68, p. 47 article publication, continued part of article only (partial) 11 Newspaper Redskins, Scalped by [rest of title cut-off], undated and 68, p. 48 article unidentified publication 11 Newspaper ‘Skins Scalp Yanks, 17 to 14, undated and unidentified 68, p. 49 photo & ledger publication 11 Newspaper Hugo Autz, College Stars Give Redskins Scalping, 27-7, 68, p. 50 article undated and unidentified publication 11 Newspaper John E. McNab, ‘Skins After Dummy’s Scalp in Next 68, p. 51 article Season, undated and unidentified publication 11 Newspaper Tribe Figured Best in East With Foe Tops in West, 68, p. 52 article undated and unidentified publication 132 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 11 Newspaper Dave Slattery, GP’s Set to Scalp, undated and 68, p. 53 article unidentified publication 11 Newspaper Charles Chamberlain, Tribe is Inspired by Memory of 73- 68, p. 54 article 0 Defeat, undated and unidentified publication 11 News photo & Hail to the Redskins, undated and unidentified 68, p. 55 ledger publication 11 Newspaper WASH. POST, Sept. day/year & copy illegible 68, p. 56 photo 11 Newspaper 36,006 See Redskins Topple Bears for Title, undated and 68, pp. 57-58 article unidentified publication, continued part of article only (partial) 11 Newspaper Edward Prell, Redskin Chief Wants Showdown on Future, 68, pp. 59-60 article undated and unidentified publication 11 Newspaper Joe King, Skin’d Even Scalp Bears in the Kickoff Were 68, p. 61 article Today, undated and unidentified publication 11 Newspaper Various headlines, undated and unidentified publications 68, p. 62 headlines (one headline includes handwritten “Pittsburgh Press 6/21/43) 11 Newspaper Dave Slattery, 59 in Boston, Too? It’s the Yanks Again but 68, p. 63 article Turk Fears Overconfidence—What’s he Want, 100?, undated and unidentified publication, copy illegible 11 Newspaper Ev Gardner, Navy Should Quite Baltimore for Griff’s 68, p. 64 article ‘Watchable’ Park, News, undated, article not about the Washington Redskins 11 Newspaper WMAL-TV, The Redskins Show, 9:30 P.M. Tonight, 68, p. 65 Advertisement undated and unidentified publication 11 Newspaper Dave Slattery, Gen. Custer Avenged, undated and 68, p. 66; article unidentified publication; (dup) As Nunberg Dep. Ex. 43 (part) 92, p. 153 11 Newspaper Al Costello, Redskins Hit Warpath to Coast Camp Today, 68, p. 67 article undated and unidentified publication 11 News photo & Redskin Chiefs Pow-Wow, undated and unidentified 68, p. 68 ledger publication 11 Newspaper Dave Slattery, Redskins to the Left, Right and Rear, 68, p. 69 article Wigwam Chit-Chat, undated and unidentified publication, copy illegible 11 Newspaper Various articles, Dave Slattery, Redskins on the Warpath, 68, p. 70 article WASH. DAILY NEWS, Oct. day/year & copy illegible, Dick O’Brien, Sports Slants, undated and unidentified publication, copy illegible 11 Newspaper ‘Skins Scalp Steelers, 22-7 for 3rd Win, undated and 68, p. 71 article unidentified publication, copy illegible 133 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 11 Newspaper Big Chief Welcomes Todd Back to Redskin Tepee, undated 68, p. 72; photo & and unidentified publication; (dup) headline As Nunberg Dep. Ex. 43 (part) 92, p. 154 11 Newspaper Ev Gardner, Optimism in the Tepee, undated and 68, p. 74 article unidentified publication 11 Newspaper Dave Slattery, Tribe Thins a Heap of its Old Braves, 68, p. 76 article undated and unidentified publication 11 Newspaper Dave Slattery, Redskins Brewing Special Kickapoo Juice 68, p. 77; article for Browns, undated and unidentified publication; (dup) As Nunberg Dep. Ex. 43 (part) 92, p. 155 11 Newspaper Dave Slattery, Wigwam Wigwags, WASH. DAILY NEWS, 68, p. 78 article Oct. 22, 1953, & Ev Gardner, Feuding Fans Would Help the Redskins, WASH. DAILY NEWS, Oct. 22, 1953 11 Newspaper Dave Slattery, Scalped Redskins Scratched They’re Out of 68, p. 79 headline the Title Race, undated and unidentified publication 11 Newspaper Dave Slattery, Redskins Ambushed, undated and 68, p. 80; article unidentified publication; (dup) As Nunberg Dep. Ex. 43 (part) 92, p. 156 11 Newspaper Wayne Thompson, Papoose Platoon Set for Rough NFL 68, p. 81 article Wars, undated and unidentified publication 11 Newspaper Dave Slattery, Tribe’s Sloppy Play Makes Curly Erupt, 68, p. 82 article undated and unidentified publication 11 Newspaper Nixon’s on the Redskin Warpath, undated and 68, p. 88; article unidentified publication; (dup) 92, p. 159 As Nunberg Dep. Ex. 43 (part) 11 Newspaper Redskins Start Bloodletting Today, undated and 68, p. 89; article unidentified publication, continued part of article only, (partial) part of copy illegible; (dup) 92, p. 158 As Nunberg Dep. Ex. 43 (part) 11 Newspaper Darkness Descends on Redskins Ruins, 34-0, undated and 68, p. 90 headline, unidentified publication, copy illegible photo & article 11 Newspaper Jack Walsh, Redskins Conduct Full Scale Workout on 68, p. 91 article Regular Day Off, undated and unidentified publication 11 Newspaper Dave Brady, Redskins Will be Good Warriors if Huff Gets 68, p. 95 article Linebacking Help, undated and unidentified publication 11 Newspaper Dave Brady, Hostility of Redskins Intrigues Patient Fans, 68, p. 96 article undated and unidentified publication, and partially illegible copy 11 Newspaper Joe Tomlinson, Tom-Toms, undated and unidentified 68, p. 97 article publication 11 Newspaper Lewis F. Atchison, Redskins and Coaches Stunned by 68, pp. 98-99 article Debacle, undated and unidentified publication 134 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 11 Newspaper Redskins on Warpath, undated and unidentified 68, p. 105 photo & ledger publication, photo illegible 68, p. 106 11 Newspaper Dave Brady, Lombardi’s Messages Come Through Loud article and Clear, WASH. POST, July 11, 1969, and copy illegible 11 Newspaper Lewis F. Atchison, More Cuts Likely to Follow Full-Scale 68, p.107 article Redskin Warfare, WASH. STAR, undated publication; (dup) 69, p. 4; As Nunberg Dep. Ex. 43 (part) 92, p. 162 11 Newspaper Steve Hershey, Redskins’ Pass Rush Now Formidable, 69, p. 5; article undated and unidentified publication; (dup) As Nunberg Dep. Ex. 43 (part) 92, p. 163 69, p. 6 11 Newspaper William [illegible], Skin Fans Scalped by Ticket Owners, article WASH. POST, Dec. 10, 1971, copy illegible 69, p. 10 11 Newspaper Sweet Revenge, unidentified publication, Nov. 25, 1986 article (handwritten) 69, p. 13 12 Newspaper Santa Claus Misses Wigwam Goal, WASH. TIMESarticle HERALD, undated and copy partially illegible 12 Newspaper So You Won’t Talk, Eh?, undated and unidentified 69, p. 14 photo publication, copy illegible 12 Newspaper Cigar Store Indian Part of Marshall’s Ballyhoo, 69, p. 15 photo Milwaukee J., undated 12 Newspaper Undated and unidentified publications, photo and copy 69, p. 16 photos illegible 12 Newspaper 69, p. 17 Feathers are Only Decorative but Players Bear DC photo Football Hope, undated and unidentified publication 12 Newspaper Heap, Heap Hooray! For Redskins, undated and 69, p. 18 photo unidentified publication 12 Newspaper Bring on Those Bears, undated and unidentified 69, p. 19 photos publication 12 Newspaper In This Caw-Nuh!, undated and unidentified publication 69, p. 20 photo 12 Newspaper Redskins’ Hopes, undated and unidentified publication 69, p. 21 photos 12 Newspaper Hip-Hip, Redskins . . . , undated and unidentified 69, p. 22 photo publication 12 Newspaper Alexandrians in ‘Skins Band, undated and unidentified 69, p. 23 photo publication 12 Newspaper Undated and unidentified publications, photo and copy 69, p. 24 photos illegible 12 Newspaper Ev Gardner, How George Preston Marshall Boosted 69, p. 25 article Racing, WASH. STAR, undated 12 Newspaper Champion Drum Major Scores Hit with Band, undated 69, p. 26 photo and unidentified publication (states below photo: Redskins band roster 1941 season) 135 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 69, p. 27 12 Newspaper Layden Sits In on Annual Banquet of Redskin Band, photo HERALD (hand-written), date-stamped May 5, 1941 12 Newspaper As One Indian to Another, Says Redskin Rookie, 69, p. 28 photo unidentified publication, June 23, 1942 12 Newspaper Tomahawk Trade-in Value is One Football, undated and 69, p. 29 photo unidentified publication , photo of Jack Jacobs (Muscogee Indian who played for Redskins), WASH. POST, undated 12 Newspaper The Admiral Gets His Orders, undated and unidentified 69, p. 30 photo publication 12 Newspaper George Marshall of Redskins Smokes Pipe of Peace, 69, p. 32 photo undated and unidentified publication 12 Newspaper Big Chief Choo-Choo He Ponders, undated and 69, p. 33 photo unidentified publication 12 Newspaper Tenth in Row, undated and unidentified publication (on 69, p. 34 photo exclusive rights of radio company to broadcast Redskins’ games) 69, p. 35 12 Newspaper Dave Slattery, Three Redskins Due for Ax, WASH. DAILY NEWS, Oct. [illegible] article 12 Newspaper Redskins Clip Eagles, 27-21, as Baugh Ends Career, 69, pp. 36-37 photo undated and unidentified publication 12 Newspaper Pair of Winners for Redskins, undated and unidentified 69, p. 38 photo publication (on Miss Redskins of 1954 winners) 12 Newspaper 69, p. 40 Four Fumbles Take the Cheer Out of Washington’s photo Redskinettes, undated and unidentified publication 12 Newspaper Globe Helps Washington Redskins, unidentified 69, p. 41 article publication, Aug. 1964 12 Newspaper Morris Siegel, Redskins’ Band to Drop Dixie, WASH. STAR, 69, p. 42 article undated and unidentified publication 13 Newspaper That Super Season!, Wash. Times, undated, at front page, 69, pp. 45-46 photos 72 13 Newspaper Rally ‘Round the ‘Skins, undated and unidentified 69, p. 47 photos publication, at 69 13 Newspaper A Fan’s First Impression, undated and unidentified 69, p. 52 photo, ledger publication 13 Newspaper Christine Williams, A City’s Soul on a Roll, WASH. POST, 69, p. 53 article undated, at D1 13 Newspaper Undated and unidentified publication 69, p. 54 photos 13 Newspaper Shame on You, Redskins, undated and unidentified 69, p. 55 photos publication, photos legible 13 Newspaper Dave Kindred, . . . Washington Reacts Quizzically, WASH. 69, p. 56 POST, undated photo, article (partial) 136 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 13 Newspaper Undated and unidentified publication 69, p. 60 photo 13 Newspaper Undated and unidentified publication 69, p. 63 photo 16 Newspaper Arch Ward, In the Wake of the News, unidentified 70, p. 63 article, publication, Aug. 19, 1943 (handwritten) (cartoon: The cartoon Injuns Are Coming!) Newspaper Pickets Charge Marshall with Race Bias, Pittsburgh 48, p. 6 17 article Times Herald, Feb. 1, 1957 (handwritten), copy illegible 17 Newspaper Pickets Protest Redskin Failure to Hire Negros, Wash. 48, p. 7 article Star, Oct. 14, 1957 (handwritten), copy illegible 17 Newspaper Tom Yorke, GPM Faces Frontier, unidentified 48, pp. 9-10 article publication, Mar. 25, 1961 (handwritten) 17 Newspaper Washington D.C. continued, undated and unidentified 48, pp. 20-21 article publication (partial) 17 Publication The Redskins’ 50th, unidentified publication, Sept. 8, 48, p. 22 article 1986 (handwritten) 18 Newspaper Paul Kaplan, Do We Defame Native Americans?, & Mike 48, pp. 25-26 article, Roberts, Team Nicknames Linked to Myths, Bill Garner cartoon cartoon, ‘Call me a redskin. I like it’, WASH. STAR (circa 1972) 19 Publication Political Correctness Comes to the Playing Field, undated 48, p. 43 article and unidentified publication 48, p. 44 19 Newspaper Rose Gutfeld, A Native American Group Lobbies NFL’s article Redskins to Change Name, WALL ST. J., undated 19 Newspaper Vito Stellino, What’s in Name? Redskins Find Out From 48, p. 45 article Indians, unidentified publication, Dec. 28, 1990 19 Newspaper Associated Press, NFL is Urged to Forbid Use of 48, p. 46 article ‘Redskins’, unidentified publication, Dec. 28, 1990 (handwritten) 19 Newspaper Bob Molinaro, Please, Stop Calling Them ‘Redskins’, 48, pp. 60-61 editorial unidentified publication, Oct. 4, 1992 (handwritten) 19 Newspaper Change Nickname, Redskins Told, unidentified 48, p. 62 article publication, July 3, 1993 19 Newspaper AP Denver, Senate Bill Could Force Redskins Name 48, p. 63 article Change, unidentified publication, July 3, 1993 20 Newspaper Reprint of Ron Martz, Indian Stereotypes Ingrained in 48, pp. 77-78 article U.S., ATL. J.-CONST., undated and unidentified publication, at 133-34 (sourced & dated article provided also) 20 Newspaper ‘Redskins’ is Racist, STANFORD DAILY (Univ.), undated 48, p. 79 editorial 137 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 20 Newspaper John Slupski, Native Americans get Unsportsmanlike 48, pp. 93-94 article Rep, undated and unidentified publication 48, p. 95 20 Newspaper Gary Fallesen, ‘Racist’ Name Taints Game With article Stupidity, DEMOCRAT & CHRON., undated 20 Newspaper A Sign of Change, undated and unidentified publication 71, p. 5 column 20 Newspaper Chuck Robertson, Wee Hours, undated and unidentified 71, p. 16 article publication 20 Newspaper Mary Jane Smetanka, Indian Logos, Mascots Still Must 71, p. 17 article Go, undated and unidentified publication 20 Newspaper Wiley A Hall III, Only a Rude Nation Could Ignore Team 71, p. 19 article Insults to Indians, BALT. EVENING SUN, undated 20 Publication Sharon White, et al., Mascots Affect/Reflect Social 71, p. 20 letters to the Attitudes, & Cornell D. Cooper, Mascot Racist Mockery editor Must Stop Soon, undated and unidentified publication 20 Newspaper Jonathan Yardley, Get with the Program Jane Fonda!, 71, p. 24 column Wash. Post, undated 20 Newspaper “Mascots” Issue Sparks National Debate, end of article, 71, p. 25 article undated and unidentified publication (partial) 20 Newspaper Larry Lipman, Are Tomahawks, War Chant Racist?, 71, p. 26 article unidentified publication, Oct. 9, 1991, at C2 (partial) 20 Publication Tim Sandler, Indian Symbols in Sports Promote Bias 71, pp. 39-40 article Against Native Americans, undated and unidentified publication 20 Newspaper Nat’l Indian Youth Council, Commentary: Cultural 71, p. 41 commentary Ignorance Abounds, Americans Before Columbus, undated 71, p. 42 20 Newspaper Clarence Page, Party Pooper? Redskins (and Indians) article Should Think Up New Names, PLAIN DEALER, undated 20 Newspaper Jay Calvin Weaver and Monika Bauerlein, Skin Deep, 71, p. 44 article unidentified publication, Jan. 1992 20 Newspaper 2,000 Demonstrate Against Indian Nicknames, 71, p. 56 article unidentified publication, Jan. 27, 1992, at B7 20 Newspaper Avis Little Eagle, Mass Protest Planned for ‘Redskins’ 71, pp. 85-86 article Game, LAKOTA TIMES, July29, 1992 (handwritten), at A1, A3, undated 20 Newspaper Jim Caple, There’s No Defense for Using ‘Redskins’, 49, p. 11 editorial unidentified publication, Oct. 22, 1995 22 Newspaper 49, p. 60 Byline: Cheyenne, Wyo., Nov. 30, N.Y. TIMES, undated article (handwritten) (partial) 138 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 22 Newspaper 49, p. 61 [No title shown], N.Y. TIMES, Dec. 2, 1890 (handwritten) article (partial) 22 Newspaper Byline: Camp Near Battle Creek, Dakota, Dec. 26, 49, pp. 69-70 accountings LONDON TIMES(handwritten), Dec. 27, 1890 (not shown on copy) 22 Newspaper Byline: Pine Ridge, Jan. 6, LONDON TIMES (handwritten), 49, p. 77 accountings Jan. 7, 1891 (not shown on copy) 22 Newspaper Byline: Long Pine, Jan. 7, LONDON TIMES (handwritten), 49, p. 80 accountings Jan. 8, 1891 (not shown on copy) 22 Publication Colo. Hist. Soc’y Archives, Tales of the Old West: Scraps 72, p. 9 story of History, undated and unidentified publication 22 Publication Quanah, Chief of Redskins Sets White Trap, undated and 72, p. 10 story unidentified publication 72, p. 11 22 Newspaper The American Indian Difficulty, LONDON TIMES (handwritten), undated article 22 Newspaper LONDON TIMES, undated and no identifiable and legible 72, pp. 12-15 material article 22 Newspaper Byline: Pine Ridge, Jan. 2, LONDON TIMES (handwritten), 72, pp. 16-17 article undated 72, pp. 20-21 22 Newspaper The American Indian Difficulty, LONDON TIMES (handwritten), undated article 22 Newspaper undated and unidentified publication 72, p. 22 article 72, p. 23 22 Publication Thursday is 70th Anniversary of Sand Creek Indian story Massacre: Men, Women and Children of Redskin Tribe Slaughtered Near Colorado Springs, undated and unidentified publication (from Univ. of Colo. archives) 22 Magazine Arthur Chapman, The Indian Fighters of the Arickaree, & 72, pp. 24-27 articles Henry Smith Williams, Immigration & Democracy (beginning of article), HARPER’S WEEKLY, undated, at 910, 25-26 22 Newspaper 72, pp. 28-30 Major’s Men Were Lured Into Ambush by Fleeing article Redskins, DENVER POST, undated (from Univ. of Colo. archives) 22 Publication Guy Murchie Jr., Sandy Forsyth’s Thrilling Frontier 72, pp. 44-47 article Fight, unidentified publication, Apr. 25, 1937 22 Newspaper Ledger: Zema (Chief Zee) Williams appeals to the 72, p. 50 photo heavens in an empty RFK Stadium, WASH. POST, undated Newspaper Dave Matheny, The Year of a Super Bowl, a Final 4 and a 72, p. 57 23 article 'Hugedale', STAR TRIBUNE (Minn.) (not shown on copy), Dec. 31, 1992 (not shown on copy) (partial) 139 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 28 Publication Morris Siegel, Washington’s Unifying Force, undated and 50, pp. 34-35; article unidentified publication; N/A As Cooke Dep. Ex. 8 65, pp. 149-50 PHOTOS (INDEPENDENTLY SUBMITTED) 24 Photos Copies of photographs of varying legibility demonstrating 72, pp. 59-80 Washington Redskins imagery and logos, including 50, pp. 4-14 general memorabilia, cigar store Indian statue, commemorative posters of past seasons, teams and general history, exterior façade of building, members of marching band and Redskinettes members wearing headdress N/A Photos Nunberg Dep. Ex. 16: Photos of Red Mesa school 83, p. 124; entrance and welcome signs displaying “Home of the (dup) 92, p. 31 Redskins” N/A Photo Nunberg Dep. Ex. 17: Photo of roadside billboard 83, pp. 126-27; displaying “Round Rock Public School Fighting Braves” and back of photo describing location as Round Rock on (dup) Navajo Indian Reservation in northeast Ariz, taken June 94, pp. 118-19 10, 1994; As Stevens Dep. Ex. 12 PRESS RELEASES & POSITION STATEMENTS 68 Press release UCLA Am. Indian Student Ass’n, Native American Legal 91, p. 5 Action Seeks Abandonment of Washington Redskins Name, Sept. 10, 1992 69 Public Statement of David P. Bradley in Support of Native 91, p. 7 statement American Action Against “Redskins,” undated 82 Press release U.S. Sen. Daniel K. Inouye, Inouye Comments on Native 95, p. 7 American Legal Action, Sept. 9, 1992 83 Press Thom White Wolf Fassett, Gen. Sec’y, United Methodist 95, p. 9 statement Gen. Bd. of Church & Soc’y on Racist Images in the Sports Indus., Sept. 10, 1992 87 Statement to Dr. Britton Harwood, Statement to the [Miami] Univ. 95, pp. 18-20 the University Senate, 5 April 1993 N/A Press release Cooke Dep. Ex. 10: Wash. Redskins undated statement 66, p. 19 that its name “was never intended to offend anyone” and that “the name has reflected positive attributes of the American Indian.” PROCLAMATIONS 36 Proclamation Proclamation of King George II, 40 pounds issued to 77, p. 63 subjects “[f]or every scalp of a male Indian brought in as evidence of their being killed,” June 10, 1756 PROTEST LETTERS INDICATING INDIVIDUAL AUTHORS ARE NATIVE AMERICANS 5 Protest letter Philip St. John (Native American) to Jack Kent Cooke, 63, p. 84 Jan. 6, 1988 140 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 5 Protest letter Joan W. Drake (Native American) to Jack Kent Cooke, 63, p. 86 Jan. 21, 1988 5 Protest letter Hubert Roy (Native American) to Jack Kent Cooke, Feb. 63, p. 90 19, 1988 5 Protest letter Roxanna Puchner (Native American) to Jack Kent Cooke, 63, pp. 108-10 dated Feb. 22, 1988, with Tim Giago, A Clever Nickname Cannot Disguise a Racial Slur, editorial excerpt (Lakota Times, 1988) 5 Protest letter A. Beston (Native American) to Jack Kent Cooke, Feb. 23, 63, p. 112 1988 5 Protest letter James & Lenora Bezpaletz (non-Native Americans & 63, pp. 94-95 adoptive parents of Native Americans) to Jack Kent Cooke, Feb. 21, 1988 5 Protest letter Ronald C. Brownotter (Native American) to Jack Kent 63, pp. 121-22 Cooke, Feb. 29, 1988 5 Protest letter Melissa D. McRae (Native American) to Jack Kent Cooke, 63, p. 123 Feb. 29, 1988 5 Protest letter Lavon Schmidt (Native American) to Jack Kent Cooke, 63, p. 125 undated (date stamped “JKC Inc. Mar. 1, 1988”) 5 Protest letter Norma Lussier (Native American) to Jack Kent Cooke, 63, pp. 127-28 Mar. 18, 1988 5 Protest letter BoBo Shangreaux (Native American) to Jack Kent Cooke, 63, p. 129 undated (date stamped “JKC Inc. Mar. 22, 1988”) 5 Protest letter Adora Martin (Native American) to Jack Kent Cooke, 63, pp. 132-34 undated (date stamped “JKC Inc. May 2, 1988”) 5 Protest letter Donna Jumping Eagle (Native American) to Jack Kent 63, pp. 135-37 Cooke, undated (date stamped “JKC Inc. May 2, 1988”) 5 Protest letter Paula Sheridan (Native American) to Jack Kent Cooke, 67, p. 14 Feb. 11, 1992 5 Protest letter Jeffrey Valentino (Native American) to Jack Kent Cooke, 67, p. 65 Sept. 14, 1992 5 Protest letter Teresa Mitchell (Native American) to Jack Kent Cooke, 67, pp. 86-87 Apr. 19, 1993 5 Protest letter Kasey Abbott (Native American) to Jack Kent Cooke, 67, p. 93 Aug. 30, 1993 5 Protest letter Nat’l Rainbow Coalition, Inc. Native American supporter 67, p. 130; Kimberly Whitehead (form letter campaign) to Jack Kent (dup) Cooke, Oct. 8, 1993 92, p. 112 32 Protest letter Billy Kevin Gover (Native American) to Edward Bennett 77, p. 6 Williams, July 18, 1972 141 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. PROTEST LETTERS INDICATING NATIVE AMERICAN ADVOCACY GROUP 5 Protest letter Clyde H. Bellecourt, National Director, American Indian 63, pp. 172-75 Movement, William A. Means, President, International Indian Treaty Council (Native American advocacy organization) to Jack Kent Cooke, Dec. 20, 1991 5 Protest letter Loren Stiffarm, President, Nat’l Indian Educ. Ass’n 67, pp. 37-38 (Native American advocacy organization) to Manuel Lujan, Dept. of Interior, Mar. 16, 1992 5 Protest letter Sharon Metz, H.O.N.O.R. (Native American advocacy 67, p. 68 organization) to Jack Kent Cooke, Oct. 1992 5 Protest letter Nat’l Rainbow Coalition, Inc. & Native American 67, p. 150; supporters (form letter campaign) to Jack Kent Cooke, (dup) 92, p. 132 Oct. 8, 1993, submitted by Otoe-Missouria Tribe of Indians PROTEST LETTERS NOT INDICATING AUTHORS ARE NATIVE AMERICANS 5 Protest letter Trudy Cooney (non-Native American) to Jack Kent 63, p. 83 Cooke, Aug. 16, 1986 (dup) 62, p. 140 5 Protest letter Christopher Burke (non-Native American) to Jack Kent 63, p. 85 Cooke, Jan. 15, 1988 5 Protest letter Gerrard W. Rudmin (non-Native American) to Jack Kent 63, p. 91 Cooke, Feb. 19, 1988 5 Protest letter Shirley McKinsey (non-Native American) to Jack Kent 63, p. 92 Cooke, Feb. 19, 1988 5 Protest letter David J. Eastman (non-Native American) to Jack Kent 63, p. 93 Cooke, Feb. 21, 1988 5 Protest letter Ottinger, et al. (non-Native Americans), to Jack Kent 63, p. 96 Cooke, Feb. 21, 1988 63, pp. 97-98 5 Protest letter Jay Davis (non-Native American) to Jack Kent Cooke, Feb. 21, 1988, with Tim Giago , If the Name Redskins Doesn't Bother Team Owner, How About Blackskins?, editorial excerpt (Sioux Falls Argus Leader, Feb. 21, 1988) 5 Protest letter Timothy E. Hamel (non-Native American) to Jack Kent 63, pp. 100-01 Cooke, Feb. 22, 1988 5 Protest letter Larry D. Jones (non-Native American) to Jack Kent 63, pp. 102-03 Cooke, Feb. 22, 1988 5 Protest letter J. Bruce Blake (non-Native American) to Jack Kent 63, pp. 104-05 Cooke, Feb. 22, 1988, with Tim Giago, If the Name Redskins Doesn't Bother Team Owner, How About Blackskins?, editorial excerpt (Sioux Falls Argus Leader, Feb. 21, 1988) 5 Protest letter Lee Axdahl (non-Native American) to Jack Kent Cooke, 63, p. 106 Feb. 22, 1988 142 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 5 Protest letter Kathleen H. Williams (non-Native American) to Jack 63, p. 107 Kent Cooke, Feb. 22, 1988 5 Protest letter Charles Woodard (non-Native American) to Jack Kent 63, p. 111 Cooke, Feb. 22, 1988 5 Protest letter Evelyn & E.A. Griesse (non-Native Americans) to Jack 63, p. 99 Kent Cooke, Feb. 23, 1988 5 Protest letter Eleanor Rickard (non-Native American) to Jack Kent 63, p. 113 Cooke, Feb. 23, 1988 5 Protest letter M. Marin (non-Native American) to Jack Kent Cooke, 63, p. 114 Feb. 23, 1988 5 Protest letter John Margolis (non-Native American) to Jack Kent 63, p. 115 Cooke, Feb. 24, 1988 5 Protest letter Bob Folk (non-Native American) to Jack Kent Cooke, Feb. 63, p. 116 25, 1988 5 Protest letter Janice Munn Johnson (non-Native American) to Jack 63, pp. 117-18 Kent Cooke, Feb. 25, 1988 5 Protest letter Verna K. Severson (non-Native American) to Jack Kent 63, p. 119 Cooke, Feb. 28, 1988 5 Protest letter Lynn Rudmin Chong (non-Native American) to Jack Kent 63, p. 120 Cooke, Feb. 29, 1988 5 Protest letter Ruth Alexander (non-Native American) to Jack Kent 63, p. 126 Cooke, Mar. 3, 1988 5 Protest letter Rudy Boschwitz (non-Native American) to Jack Kent 63, p. 130 Cooke, Mar. 22, 1988 5 Protest letter Diane P. (non-Native American) to Jack Kent Cooke, Apr. 63, p. 131 5, 1988 5 Protest letter Ronald B. Duber (non-Native American) to Jack Kent 63, p. 139 Cooke, June 6, 1988 5 Protest letter David A. Clarke, DC Council, to Jack Kent Cooke, 63, pp. 141-43 forwarding letter from Robert Coronado (non-Native American) to Clarke, Feb. 9, 1989 5 Protest letter Lou Schoen, Minn. Council of Churches (non-Native 63, p. 146 American) to Jack Kent Cooke, Jan. 3, 1991 5 Protest letter Steve Macuk (non-Native American) to Jack Kent Cooke, 63, p. 147 Jan. 15, 1991 5 Protest letter Michael Corbett (non-Native American) to Director of 63, p. 148 Communications, NFL, Jan. 25, 1991 5 Protest letter Kristy Blain (non-Native American) to Director of 63, p. 149 Communications, NFL, Jan. 29, 1991 5 Protest letter U.S. Sen. Dennis DeConcini (ethnicity unstated) to NFL 63, pp. 150-51 Commissioner Paul Tagliabue, Mar. 13, 1991 5 Protest letter R. Scott Klappenbach (non-Native American) to Jack 63, pp. 152-53 Kent Cooke, Oct. 19, 1991 143 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 5 Protest letter Diana L. Wilcox (non-Native American) to Jack Kent 63, p. 154 Cooke, Oct. 23, 1991 5 Protest letter Louis H. Kalikour (non-Native American) to Jack Kent 63, pp. 155-56 Cooke, Oct. 25, 1991 5 Protest letter Mitch Engel (non-Native American) to Jack Kent Cooke, 63, pp. 158-59 Nov. 1, 1991 5 Protest letter Dan Lieberman (non-Native American) to Jack Kent 63, p. 163 Cooke, Nov. 14, 1991 5 Protest letter Paul Kuenning (non-Native American) to Jack Kent 63, p. 164 Cooke, Nov. 17, 1991 5 Protest letter Frederick A. Wilson (non-Native American) to Maureen 63, pp. 165-67 Bunyan, CBS News, Nov. 20, 1991, with letter from same to Scott Simon, NPR to Clarke, Jan. 18, 1988 5 Protest letter Elizabeth Hudman (non-Native American) to Jack Kent 63, p. 168 Cooke, Nov. 22, 1991 5 Protest letter John Lynch (non-Native American) to Jack Kent Cooke, 63, p. 169 Nov. 23, 1991 5 Protest letter Lewis Straughn Nippard (non-Native American) to Jack 63, pp. 170-71 Kent Cooke, Dec. 4, 1991 5 Protest letter Cynthia Mazur, First Congregational United Church of 63, p. 177 Christ (non-Native American) to Jack Kent Cooke, Jan. 17, 1992 5 Protest letter U.S. Sen. Paul D. Wellstone (ethnicity unstated) to NFL 63, p. 178 Commissioner Paul Tagliabue, Jan. 21, 1992 5 Protest letter Brian Myers (non-Native American) to Nick Coleman, St. 63, p. 179 Paul Pioneer Press, Jan. 24, 1992, on his column 5 Protest letter T. Paul Imse, Jr. (non-Native American) to Jack Kent 63, pp. 180-84 Cooke, Jan. 27, 1992 5 Protest letter T. Paul Imse, Jr. (non-Native American) to Jack Kent 67, p. 13 Cooke, Feb. 6, 1992, responding to response of previous letter 5 Protest letter T. Paul Imse, Jr. (non-Native American) to George 67, p. 12 Solomon, Washington Post Sports Editor, Feb. 6, 1992, referencing previous letters as attached 5 Protest letter G. Allen (non-Native American) to Jack Kent Cooke, Jan. 63, pp. 185-86 27, 1992 5 Protest letter Marietta L. Sandberg (non-Native American) to Jack 67, p. 4 Kent Cooke, Jan. 28, 1992 5 Protest letter John Brawthen (non-Native American) to Jack Kent 63, pp. 5-6 Cooke, Jan. 28, 1992 5 Protest letter Lona Stewart (non-Native American) to Jack Kent Cooke, 67, p. 7 Jan. 29, 1992 5 Protest letter Constance M. Skousen, Missoula Women for Peace (non67, p. 8 Native American) to Jack Kent Cooke, Jan. 31, 1992 144 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 5 Protest letter Elmer Kuball (non-Native American) to Jack Kent Cooke, 67, p. 9 Feb. 2, 1992 5 Protest letter Larry Shapiro (non-Native American) to Jack Kent 67, p. 10 Cooke, Feb. 5, 1992 5 Protest letter Toni Zima (non-Native American) to Jack Kent Cooke, 67, p. 11 Feb. 1, 1992 5 Protest letter Dirk A. Griffin (non-Native American) to Jack Kent 67, pp. 15-16 Cooke, Feb. 12, 1992 5 Protest letter Michael Scicutella (non-Native American) to Jack Kent 67, p. 17 Cooke, Feb. 13, 1992 5 Protest letter Dennis P. Dalton (non-Native American) to Jack Kent 67, pp. 18-20 Cooke, Jan. 21, 1992 5 Protest letter Donald D. Kummings (non-Native American) to Jack 67, pp. 21-23 Kent Cooke, Feb. 24, 1992, with publication excerpts 5 Protest letter Benjamin Alexander (non-Native American) to 67, pp. 24-27 Washington Redskins, Feb. 25, 1992, with Open Letter to Washington Redskins Fans 5 Protest letter William P. Lightfoot, DC Council (ethnicity unstated) to 67, p. 28 Jack Kent Cooke, Feb. 25, 1992 67, p. 29 5 Protest letter Alison J. Gegenhuber (non-Native American) to Jack Kent Cooke, Feb. 26, 1992, with Bud Geracie, Time for Redskins to Change Their Name, editorial excerpt (San Jose Mercury News, Jan. 28, 1992) 5 Protest letter Douglas & Charlotte Graham (non-Native Americans) to 67, pp. 30-31 Jack Kent Cooke, Jan. 27, 1992, with cartoon (St. Petersburg Times, Jan. 26, 1992) 5 Protest letter Stanley Carpenter (non-Native American) to Washington 67, p. 32 Post Letter to the Editor, Mar. 5, 1992 5 Protest letter George W. Howe (non-Native American) to Jack Kent 67, p. 34 Cooke, Mar. 13, 1992 5 Protest letter Dave Wachter (non-Native American) to Jack Kent 67, p. 39 Cooke, Mar. 17, 1992 5 Protest letter Thomas Watkins (non-Native American) to Jack Kent 67, pp. 41-42 Cooke, Mar. 23, 1992, with letter from same to Washington Post, Mar. 23, 1992 5 Protest letter Elliot L. Stevens, Cent. Conference of Am. Rabbis (non67, pp. 48-49; Native American) to Jack Kent Cooke, April 1992, with “Racism” Resolution Adopted by the 103rd Annual Convention of sender (Apr. 1992); (dup) As Stevens Dep. Ex. 3 99, p. 99 5 Protest letter Clare Nichols (non-Native American) to Jack Kent Cooke, 67, p. 51 Apr. 18, 1992 5 Protest letter Deanna L. Shimko-Herman (non-Native American) to 67, p. 52 Jack Kent Cooke, Apr. 21, 1992 145 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 5 Protest letter Dan Mackie (non-Native American) to Jack Kent Cooke, 67, p. 53 Apr. 29, 1992 5 Protest letter K. Schowalter (non-Native American) to Jack Kent 67, p. 54 Cooke, May 4, 1992 5 Protest letter Joseph P. Morra (non-Native American) to Jack Kent 67, pp. 55-56 Cooke, May 11, 1992 5 Protest letter Bud White (non-Native American) to Jack Kent Cooke, 67, p. 57 June 11, 1992 5 Protest letter Kenneth R. Fredgren (non-Native American) to Jack 67, pp. 58-59 Kent Cooke, June 19, 1992, with Maurice Patton, Ill. School Does ‘Right Thing,’ Drops Redskins Nickname (USA Today, June 18, 1992) 5 Protest letter Chas. T. Hayes (non-Native American) to Jack Kent 67, pp. 60-61 Cooke, July 9, 1992 5 Protest letter Stephen T. Wicke (non-Native American) to Jack Kent 67, pp. 62-63 Cooke, Aug. 21, 1992 5 Protest letter William & Kathy Miller (non-Native Americans) to Jack 67, p. 64 Kent Cooke, Sept. 1992 5 Protest letter Mitch Engel (non-Native American) to Jack Kent Cooke, 63, p. 66 Sept. 23, 1992 5 Protest letter Brian George (non-Native American) to Jack Kent Cooke, 67, p. 67 Sept. 25, 1992 5 Protest letter Jackee Allen (non-Native American) to Jack Kent Cooke, 67, pp. 69-72 Oct. 3, 1992, forwarding her editorial Football Teams Shouldn’t Have Racist Names (Daily Record (Morris County, NJ), Sept. 25, 1992) 5 Protest letter Bob Carter (non-Native American) to Jack Kent Cooke, 67, p. 75 Nov. 10, 1992 5 Protest letter Members of First Congregational Church (non-Native 67, p. 76 Americans) to Jack Kent Cooke, Nov. 24, 1992 5 Protest letter Dan Lee (non-Native American) to Jack Kent Cooke, Dec. 67, p. 77 7, 1992 5 Protest letter John Hallenbeck (non-Native American) to Wash. 67, pp. 78-79 Redskins, Dec. 30, 1992, forwarding his editorial How ‘bout Redskins?(Times Union (Albany, NY), Dec. 25, 1992) 5 Protest letter Allan & Eric Coles (non-Native Americans) to Jack Kent 67, p. 82 Cooke, Mar. 8, 1993 5 Protest letter Debara Gertenberg (non-Native American) to Jack Kent 67, p. 83 Cooke, Mar. 8, 1993 5 Protest letter Kathleen E. Quasey (non-Native American) to Jack Kent 67, pp. 84-85 Cooke, Mar. 29, 1993 5 Protest letter Kathy Crawford (non-Native American) to Jack Kent 67, p. 88 Cooke, May 11, 1993 146 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 5 Protest letter J. Tyler (non-Native American) to Jack Kent Cooke, July 67, pp. 89-90 13, 1993 5 Protest letter Jon Cohen (non-Native American) to Jack Kent Cooke, 67, p. 91 Aug. 3, 1993 5 Protest letter Joe R. Talaugon, Comm. for Betterment of Santa Maria 67, p. 92 Valley (non-Native American) to Jack Kent Cooke, Aug. 24, 1993 5 Protest letter Nat’l Rainbow Coalition, Inc. & non-Native American 67, pp. 95-129, supporters (form letter campaign) to Jack Kent Cooke, all 131-32, 135dated Oct. 8, submitted by Jesse L. Jackson, Ronald 36, 140, 142Blackburn, Lee Rory Hogan, Ernest Haywood, Ralph 47, 149, 153Johnson, Cindi Robinson, Toni Tyler, Calvin Owens, 62; Betty Anne Summings, Michael More, Calvin Drum, (dup) Lawrence Jones, Cheryl Hansen, Charles B. Watkins, 92, pp. 78-111, Bart Smith, Nancy Simmons, Paul Jobe, Mariam Buhari, 113-14, 117Jean Claude Sarr, Ousame Br, Sophia Ine, Martin 18, 122, 124Dubois, Amadon Diallo, Serache Claire, Maurice 29, 131, 135-44 Dupardieuz, Tom Rollings, M.T., Charles Farrell, Greg Halloway, Hilary N., Jo Ann C., Anthony Bell-Zuccarelli, Jane Kay, Kyra Japan, F. E. Woodson, Rebecca Murphy, Owanah Anderson, Sharon Metz, Norma Barquet, Richard Allen, Brenda P. Simmons, Thomas Barnes, Daisy Wood, Jean Gore, Aida Bound, Patricia Marshall, Monique Hitch, L. Neels, Janeen Cornish, Christine Jansen, Janice Netherland, Melissa Burkhart, Joe Gaskins, Shan Goshorn, Mannie Jackson 5 Protest letter Nat’l Coalition on Racism in Sports & the Media (non67, p. 133; Native American) to Jack Kent Cooke, Oct. 8, 1993 (dup) 92, p. 115 5 Protest letter Killian Jordan (non-Native American) to Jack Kent 67, p. 134; Cooke, Oct. 8, 1993 (dup) 92, p. 116 5 Protest letter Eve Roberts (non-Native American) to Jack Kent Cooke, 67, p. 139; Oct. 8, 1993 (dup) 92, p. 121 5 Protest letter Pat Moon (non-Native American) to Jack Kent Cooke, 67, p. 141; Oct. 8, 1993 (dup) 92, p. 123 5 Protest letter Andrea Utrie (non-Native American) to Jack Kent Cooke, 67, p. 148; Oct. 8, 1993 (dup) 92, p. 130 5 Protest letter Mario Obledo (non-Native American) to Jack Kent Cooke, 67, p. 151; Oct. 5, 1993 (dup) 92, p. 133 5 Protest letter Andrea Newman & Benjamin Wegner (non-Native 67, p. 152; Americans) to Jack Kent Cooke, Mar. 8, 1993 (dup) 92, p. 134 PROTEST LETTERS WITH NO SOURCE OR NO DATE 5 Protest letter R. Schmidt (non-Native American) to J. Cooke, undated, 63, p. 88-90 with attached Tim Giago What’s in a Name?Racism editorial excerpt (Grand Forks Herald, Feb. 13, 1988) 147 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 5 Protest letter Donald Tobbin (non-Native American) to Jack Kent 63, p. 87 Cooke, undated, with Tim Giago We are Human Beings, not Mascots editorial excerpt (Grand Falls Tribune, Feb. 16, 1988) 5 Protest letter Jean Baker (non-Native American) to Jack Kent Cooke, 63, p. 124 undated (date stamped “JKC Inc. Mar. 1, 1988”) 5 Protest letter Douglas G. Yeager (non-Native American) to Jack Kent 63, p. 138 Cooke, undated (date stamped “JKC Inc. June 1, 1988”) 5 Protest letter Susan L. Peters (non-Native American) to Jack Kent 63, p. 145 Cooke, undated 5 Protest letter George C. Dyers (non-Native American) to Jack Kent 63, p. 157 Cooke, undated (date stamped “JKC Inc. Oct. 30, 1991”) 5 Protest letter Jesse Seitel (a minor and non-Native American) to Jack 63, p. 176 Kent Cooke, undated (date stamped “JKC Inc. Dec. 26, 1991”) 5 Protest letter Unnamed author to Jack Kent Cooke, Mar. 12, 1992 67, pp. 35-36 5 Protest letter Unsigned letter to Jack Kent Cooke, undated (date 67, pp. 35-36 stamped “JKC Inc. Mar. 13, 1992”) 5 Protest letter Rochelle Weisser (non-Native American) to Jack Kent 67, p. 40 Cooke, undated (date stamped “JKC Inc. Mar. 18, 1992”) 5 Protest letter Friends of Washington to unspecified, undated (date 67, p. 50 stamped “JKC Inc. Apr. 16, 1992”) 5 Protest letter Dargie Anderson (a minor and non-Native American) to 67, p. 73 Jack Kent Cooke, undated (date stamped “Redskin Park Oct. 22, 1992”) 5 Protest letter Robert Owens (non-Native American) to Jack Kent 67, p. 74 Cooke, undated (date stamped “Redskin Park Oct. 30, 1992”) 5 Protest letter Unnamed author to “Sir,” Jan. 15, 1993 67, pp. 80-81 5 Protest letter Jenny Sauronski (non-Native American) to John Kent 67, p. 94 Cooke, undated (date stamped “Sep. 13 Rec’d”) 5 Protest letter Karen Muler (non-Native American) to Jack Kent Cooke, 67, p. 137; undated (dup) 92, p. 119 5 Protest letter James Fite (non-Native American) to Jack Kent Cooke, 67, p. 138; undated (dup) 92, p. 120 32 Protest letter Maggie Gover, to Mary Jo Manning, undated 77, p. 8 REPORTS, INCL. EXPERT PREPARATION MATERIALS 71 Report Report & Recommendation of the Dartmouth Alumni 91, pp. 42-52 Counsel Indian Symbol Study Committee, June 15, 1972 148 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 77 & Cover memo, John Roy Castillo, Dir., Mich. Dep’t of Civil Rights, to 91, pp. 93-191, 78 report, & Native American Organizations, Nov. 7, 1986, & Mich. 194-95 executive Civil Rights Comm’n Report on Use of Nicknames, Logos summary and Mascots Depicting Native Am. People in Mich. Educ. Institutions, Oct. 1988 86 Executive Carol Hand, Deputy Dir., Great Lakes Inter-Tribal 95, pp. 15-16 summary Council, Inc., Am. Indian Study Comm. Executive Summary of Testimony Presented Nov. 12, 1992 N/A Unpublished Nunberg Dep. Ex. 2 (first part): Expert Disclosure of 83, pp. 60-74 expert report Geoffrey Nunberg, June 10, 1996 N/A Cover memo Nunberg Dep. Ex. 3: Quantitative data results of 83, pp. 83-88 & summary of database search of terms, June 15, 1996 findings N/A Unpublished Ross Dep. Ex. 3 (part): Expert Disclosure of Ivan Ross, 97, pp. 5-14; expert report June 10, 1996; (dup) As Ross Dep. Ex. 5 84, pp. 75-84 N/A Study table, Ross Dep. Ex. 3 (part): Questionnaire, sample report, 97, pp. 30-202; cover memo, table of results from March 2 and 6, 1996 surveys, with 84, pp. 4-59; questionnaire, cover letter from Jim Robinson, Robinson & Muenster, to & study Ivan Ross, May 16, 1996; As Ross Dep. Ex. 9 103, pp. 63208; 104, pp. 4-123; 105, pp. 4-26 N/A Study table Ross Dep. Ex. 5 (part): Results Table 84, p. 85 N/A N/A General file materials Unpublished expert report Unpublished expert report List N/A List NA Footage transcription N/A Notes N/A List Courtney Dep. Ex. 4: Index including transcription of footage of Courtney Dep. Ex. 3 – footage of major motion picture productions Courtney Dep. Ex. 5: Working notes for “Redskins” film research Hirschfelder Dep. Ex. 3: Listing of expert’s publications N/A Unpublished expert report LaFromboise Dep. Ex. 2: Expert Report of Theresa D. LaFromboise, June 10, 1996 N/A N/A Ross Dep. Ex. 6: File materials not in Ross Dep. Ex. 3 84, pp. 87-110 Hirschfelder Dep. Ex.8: Expert Disclosure of Arlene B. Hirschfelder, June 10, 1996 Hoxie Dep. Ex. 2: Expert Disclosure of Frederick E. Hoxie, June 10, 1996 Courtney Dep. Ex. 1: List of films for potential “Redskins” citations Courtney Dep. Ex. 2: List of screened films 107, pp. 110-16 105, pp. 37-41 108, pp. 29-38 149 107, pp. 125-34 105, pp. 33-34 105, p. 35 105, pp. 42-62 106, pp. 18-20 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Notes Nunberg Dep. Ex. 33: Notes for deposition on denotation 108, pp. 100-01 and connotation N/A Notes Nunberg Dep. Ex. 34: Notes for deposition on 108, pp. 102-07 distinguishing informal from connotative terms N/A Notes Nunberg Dep. Ex. 37: Excerpts from 19th century novels 86, p. 37 N/A List N/A Notes N/A List N/A Formula N/A Raw data N/A Unpublished study N/A N/A N/A N/A N/A N/A 3 4 Nunberg Dep. Ex. 38: Listing of citations from database search of “redskins” referring to Indians Nunberg Dep. Ex. 39: Distinguishing informal from connotative terms Nunberg Dep. Ex. 42: Listing of names of sports teams 86, pp. 38-49 Ross Dep. Ex. 156: Response rate formulas, detailed, and in sample reports Ross Dep. Ex. 159: Data from North American study 92, pp. 175-78 86, pp. 50-54 92, pp. 151-52 92, pp. 188-90 Ross Dep. Ex. 160: Jacob Jacoby, Study of Consumer 93, pp. 4-25 Association & Confusion Regarding Retractable Tape Measures (1988) Sample Ross Dep. Ex. 161: In-Store Study Main Questionnaire 93, pp. 26-34 questionnaire (1991) Sample Ross Dep. Ex. 162: In-Store Study Main Questionnaire 93, pp. 35-42 questionnaire (Feb. 1987) List Ross Dep. Ex. 201: Cover memo & ranking of Native Am. 93, pp. 104-07 populations by U.S. counties, Mar. 11, 1996 List Ross Dep. Ex. 202: Estimates of population by U.S. 94, pp. 4-81 counties by race and Hispanic origin (July 1, 1994) List Ross Dep. Ex. 203: Listing of top 50 U.S. counties with 94, pp. 82-83 highest numbers of Native Americans, based on 1994 census List Ross Dep. Ex. 204: Listing of petitioners’ top 50 U.S. 94, pp. 84-85 counties of Native American population, based on 1994 census RESOLUTIONS (THIRD-PARTY) OPPOSING USE OF “REDSKINS” Resolution Nat’l Congress of Am. Indians, Resolution No. EX DC-93- 63, pp. 71-77; 11, Resolution in Support of the Petition for Cancellation of the Registered Services Marks of the Washington Redskins AKA Pro-Football Inc. (Jan. 18-19, 1993); (dup) As Chase Dep. Ex. 108 83, pp. 47-48 Resolution Cent. Conference of Am. Rabbis, “Racism” Resolution 63, p. 79, Adopted by the 103rd Annual Convention, calling upon (dup) 67, p. 49; the Atlanta Braves and Washington Redskins to combat racial stereotyping (Apr. 1992); As Stevens Dep. Ex. 2 94, pp. 96-97 150 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 4 Resolution Am. Jewish Comm., Portland, Or., Resolution opposing, 63, p. 80; inter alia, use of racial or ethnic stereotypes in the names or titles of sport entities when the affected group has not chosen the name itself (passed Sept. 2, 1992), Oct. 21, 1992 (dup) As Kahn Dep. Ex. 1 108, p. 16 4 Resolution Unity ’94, “Mascot Resolution” to discontinue use, inter 63, p. 81 alia, of Native American nicknames, logos and mascots (July 27, 1994); As Swanston Dep. Ex. 1 94, p. 127 RESOLUTIONS (THIRD-PARTY) SUPPORTING USE OF “REDSKINS” N/A Resolution Nunberg Dep. Ex. 41 (part): Inter-Tribal Council, Inc. 88, pp. 124-27 Resolution (1992), with cover letter from Modoc Tribe of Okla., Jan. 16, 1992 SOLICITATION LETTERS 5 Solicitation Solicitation from Edward E. Williams to Jack Kent 63, p. 144 Letter Cooke, undated and topic of letter not related to the Redskins name 5 Solicitation Solicitation from John Martin Meeks to Redskins GM, 63, pp. 160, Letter Nov. 5, 1991 162 SUPPORT LETTERS INDICATING INDIVIDUAL AUTHORS ARE NATIVE AMERICANS N/A Support letter Nunberg Dep. Ex. 41 (part): George B. Tsoodle (Kiowa 88, p. 30 Indian) to Washington Redskins, undated [in 1988 labeled folder] N/A Support letter Nunberg Dep. Ex. 41 (part): Princess Palemoon 88, pp. 92-93 (Cherokee/Ojibwa) to Jack Kent Cooke, Nov. 6, 1991 N/A Support letter Nunberg Dep. Ex. 41 (part): M. Henson (Blackfoot 92, p. 72 Indian) to Sen. Ben Nighthorse Campbell, July 22, 1993 SUPPORT CORRESPONDENCE INDICATING NATIVE AMERICAN TRIBAL SUPPORT N/A Support letter Nunberg Dep. Ex. 28: Stanley G. Jones Sr., Chairman, 83, p. 157; Tulalip Tribes (Wash.), to Redskin Support Comm., Aug. 31, 1992; (dup) As Nunberg Dep. Ex. 41 (part) 92, p. 62 N/A Support letter Nunberg Dep. Ex. 29: Jerry G. Haney, Principal Chief, 83, p. 159 Seminole Nation of Okla., to Jack Kent Cooke, Wash. Redskins, Jan. 23, 1992 N/A Support letter Nunberg Dep. Ex. 30: Hollis E. Roberts, Chief, Choctaw 83, pp. 161-62; Nation of Okla., to Charlie Dayton, V.P., Wash. Redskins Communications Dep’t, Jan. 23, 1992; (dup) Nunberg Dep. Ex. 41 (part) 88, pp. 135-38 N/A Support letter Nunberg Dep. Ex. 27: Floyd E. Leonard, Chief of the 83, pp. 154-55; Miami Tribe of Oklahoma, to C. A. Buser, June 21, 1991; (dup) As Nunberg Dep. Ex. 41 (part) 88, pp. 76-77 151 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Support letter Nunberg Dep. Ex. 41 (part): Stan Jones Sr., Chairman, 88, pp. 86-89 Tulalip Tribes (Wash.), to Sen. John McCain, Oct. 30, 1991 N/A Support fax Nunberg Dep. Ex. 41 (part): J. Lisanby, Sioux Indians of 88, p. 128 Fort Totten, N.D. to Charlie Drayton, Redskins Park, Jan. 17, 1992 N/A Support letter Nunberg Dep. Ex. 31: Robert J. Salgado, Chairman, 83, p. 164; Soboba Band of Mission Indians, to Jack Kent Cooke, (dup) 88, pp. Wash. Redskins, Jan. 17, 1992; 129, As Nunberg Dep. Ex. 41 (part) ; 133; As Stevens Dep. Ex. 10 94, p. 113 N/A Support letter Nunberg Dep. Ex. 41 (part): Jerry G. Haney, Principal 88, p. 134 Chief, Seminole Nation of Okla., to Jack Kent Cooke, Jan. 23, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Catherine Elston, PR Office, 92, p. 65 Hopi Tribe, to Jo Walter, July 16, 1992 N/A Support letter Nunberg Dep. Ex. 25: Jonathan L. Taylor, Principal 83, p. 150; Chief, Eastern Band of Cherokee Indians, to Jo Walter, July 16, 1992; (dup) As Nunberg Dep. Ex. 41 (part) 92, p. 66 83, p. 152; N/A Support letter Nunberg Dep. Ex. 26: Merna L. Lewis, V.P., Pima- Maricopa Indian Community (Ariz.), to Jo Walter, July 14, 1992; N/A N/A N/A N/A N/A N/A N/A N/A (dup) 92, p. 67 As Nunberg Dep. Ex. 41 (part) Support letter Nunberg Dep. Ex. 41 (part): Ronald R. Julian, Council 92, p. 147 Member, Jicarilla Apache Tribe (Dulce, N.M.) to Rick Vaughn, Wash. Redskins, Sept. 8, 1994 SUPPORT LETTERS NOT INDICATING AUTHORS ARE NATIVE AMERICANS Support letter Nunberg Dep. Ex. 41 (part): James Patrick Thomas to 88, p. 31 Jack Kent Cooke, Feb. 13, 1988 Support letter Nunberg Dep. Ex. 41 (part): Gwen Eggebraaten to Jack 88, p. 32 Kent Cooke, Feb. 23, 1988 Support letter Nunberg Dep. Ex. 41 (part): E. H. Paulsen to Jack Kent 88, p. 33 Cooke, Feb. 24, 1988 Support letter Nunberg Dep. Ex. 41 (part): W. J. Bryant to Jack Kent 88, pp. 34-36; Cooke, undated (date stamped “JKC Inc. Feb. 29, 1988”) (dup) 41-45 Support letter Nunberg Dep. Ex. 41 (part): Brenda Chilstrom to Jack 88, p. 37 Kent Cooke, Feb. 22, 1988 Support letter Nunberg Dep. Ex. 41 (part): George W. T. Hughes to 88, pp. 38-39 Jack Kent Cooke, Feb. 21, 1988 Support letter Nunberg Dep. Ex. 41 (part): L. M. (Pat) Egan to Jack 88, pp. 46-47 Kent Cooke, undated (date stamped “JKC Inc. Mar. 1, 1988”) 152 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Support letter Nunberg Dep. Ex. 41 (part): Karen Goeke to Jack Kent 88, p. 49 Cooke, undated (date stamped “JKC Inc. Mar. 14, 1988”) N/A Support letter Nunberg Dep. Ex. 41 (part): John B. Garrett, Jr. to Jack 88, p. 50 Kent Cooke, Mar. 10, 1988 N/A Support letter Nunberg Dep. Ex. 41 (part): Robert N. Huey to Jack Kent 88, p. 51 Cooke, Mar. 12, 1988 N/A Support letter Nunberg Dep. Ex. 41 (part): Jane Rush to Jack Kent 88, p. 52 Cooke, Mar. 17, 1988 N/A Support letter Nunberg Dep. Ex. 41 (part): Sylvia L. Cash to Jack Kent 88, pp. 53-54 Cooke, Apr. 18, 1988 N/A Support letter Nunberg Dep. Ex. 41 (part): Robert H. Paschall to Jack 88, p. 55 Kent Cooke, Apr. 21, 1988 N/A Support letter Nunberg Dep. Ex. 41 (part): Wilcomb E. Washburn to 88, pp. 57-58 John Kent Cooke, Jr., Apr. 25, 1988, with his WASH. POST editorial, Apr. 23, 1988, at A23, attached N/A Support letter Nunberg Dep. Ex. 41 (part): Evie Braman to Jack Kent 88, p. 61 Cooke, May 10, 1988 N/A Support letter Nunberg Dep. Ex. 41 (part): Lucky Tomblin to Donnie 88, pp. 62-63 Tuck, Pub. Relations Dir., Wash. Redskins, May 23, 1988 N/A Support letter Nunberg Dep. Ex. 41 (part): Art Nelson to Jack Kent 88, pp. 66-68 Cooke, Mar. 9, 1989 N/A Support letter Nunberg Dep. Ex. 41 (part): Ronald N. Paul to Jack Kent 88, pp. 69-71 Cooke, Mar. 1989 N/A Support letter Nunberg Dep. Ex. 41 (part): Robert N. Huey to Jack Kent 88, pp. 73-74 Cooke, Mar. 29, 1989, with AP, Indian Band Dislikes Nickname Campaign, Sioux Falls Argus Leader (S.D.), Mar. 23, 1989, attached N/A Support letter Nunberg Dep. Ex. 41 (part): Karen E. Elkins to Jack 88, pp. 78-79 Diamond, MIX 107.6 (DC radio station), Oct. 23, 1991 N/A Support letter Nunberg Dep. Ex. 41 (part): Rusty Briarton to Jack Kent 88, p. 80 Cooke, Oct. 23, 1991 N/A Support letter Nunberg Dep. Ex. 41 (part): Francis J. Donnelly to Jack 88, p. 81 Kent Cooke, Oct. 26, 1991 N/A Support letter Nunberg Dep. Ex. 41 (part): Harry J. Gould to President, 88, pp. 82-85 Wash. Redskins, Oct. 28, 1991, with Norm Frauenheim, No Reservations: Arizona’s Braves Proud of Nickname, [no shown date], at C1, C10, attached N/A Support letter Nunberg Dep. Ex. 41 (part): Robert D. Kohn to Jack Kent 88, p. 90 Cooke, Nov. 4, 1991 N/A Support letter Nunberg Dep. Ex. 41 (part): Don Blevins to Jack Kent 88, p. 91 Cooke, Nov. 4, 1991 N/A Support letter Nunberg Dep. Ex. 41 (part): Tony Hurley to Jack Kent 88, pp. 94-95 Cooke, Nov. 22, 1991 153 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Support letter Nunberg Dep. Ex. 41 (part): Tony Gourse to Jack Kent 88, pp. 96-97 Cooke, Nov. 25, 1991 N/A Support letter Nunberg Dep. Ex. 41 (part): David T. Read to Jack Kent 88, pp. 98-99 Cooke, Nov. 26, 1991 N/A Support letter Nunberg Dep. Ex. 41 (part): Hal W. Pattison to Joy J. 88, pp. 100-01 Hanley, Assoc. on Am. Indian Affairs, Inc., Nov. 28, 1991 N/A Support letter Nunberg Dep. Ex. 41 (part): Wm. D. Lillard to Wash. 88, p. 102 Redskins, Nov. 28, 1991 N/A Support letter Nunberg Dep. Ex. 41 (part): Mark Naeser to Jack Kent 88, p. 103 Cooke, undated (date stamped “JKC Inc. Dec. 10, 1991”) N/A Support letter Nunberg Dep. Ex. 41 (part): Wilcomb E. Washburn to 88, pp. 104-12, John Kent Cooke, Jr., Dec. 24, 1991, with his typescript 120 of magazine article, attached N/A Support letter Nunberg Dep. Ex. 41 (part): Patricia Parker Levi to 88, pp. 114-18 Charlie Dayton, Wash. Redskins, Jan. 2, 1992, with public relations campaign proposal attached 88, pp. 121-22 N/A Support letter Nunberg Dep. Ex. 41 (part): Billie J. Hipsley to Wash. Redskins, Jan. 13, 1992, with Mark Holmberg, What’s All the Fuss About ‘Skins, Richmond Times-Dispatch, [no shown date], at C5, attached N/A Support letter Nunberg Dep. Ex. 41 (part): A. Neal Kellum to Redskins 88, p. 123 Pub. Relations, Jan. 14, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Harry M. Hittle to Jack 88, pp. 130-32 Kent Cooke, Jan. 22, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Joe Davis to Jack Kent 88, pp. 139-42 Cooke, Jan. 27, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Philip A. May to Wash. 88, p. 144 Redskins Dir. Pub. Relations, Jan. 27, 1992 N/A Support Nunberg Dep. Ex. 41 (part): U.S, House of 88, pp. 145-47 letters Representatives, Comm. on Public Works & Transp. to Charlie Dayton, Pub. Relations, Feb. 13, 1992, with letters from schoolchildren attached N/A Support letter Nunberg Dep. Ex. 41 (part): Wm. L. Wilkoff to Jack Kent 88, p. 148 Cooke, Feb. 27, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): John Mull to Jack Kent 88, p. 149 Cooke, Feb. 27, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Patti H. Snodgrass to Jack 88, p. 150 Kent Cooke, Feb. 29, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Steve Lerman to Jack Kent 88, p. 151 Cooke, Mar. 4, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): William P. Conway to Jack 88, p. 152 Kent Cooke, Mar. 4, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Concetta C. Goetzinger to 88, p. 153 Sports Editor of the Times, Mar. 4, 1992 154 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Support letter Nunberg Dep. Ex. 41 (part): Robert Mirin to John Kent 88, p. 154 Cooke, Mar. 4, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Dianna Belcher to Wash. 88, p. 155 Redskins, Mar. 5, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Concetta C. Goetzinger to 88, p. 156 Wash. Redskins, Mar. 5, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Gary L. Gallahan to Jack 88, p. 157 Kent Cooke, Mar. 5, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Ned Fuller to Letter to the 88, pp. 159-60 Editor, Wash. Post, Mar. 6, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): A. Wayne Coley to Jack 88, p. 161 Kent Cooke, Mar. 6, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): M. E. Murphy to Jack Kent 88, p. 162 Cooke, Mar. 6, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Don Craig to Jack Kent 88, p. 163 Cooke, Mar. 10, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): R. E. Kidwell to Jack Kent 88, p. 164 Cooke, Mar. 13, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Arthur P. McDermott to 88, p. 165 Jack Kent Cooke, Mar. 14, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Peter Byrum to Jack Kent 88, p. 166 Cooke, Mar. 15, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Randy Cross to Jack Kent 88, pp. 167-68 Cooke, undated (date stamped “JKC Inc. Mar. 20, 1992”) N/A Support letter Nunberg Dep. Ex. 41 (part): Concetta C. Goetzinger to 88, p. 170 Jack Kent Cooke, Mar. 15, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Margaret Cichocki to Jack 88, p. 171 Kent Cooke, Mar. 16, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): James A. Joyner, Jr. to Gen. 88, pp. 172-73 Mgr., WTOP Radio, Mar. 16, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Richard O. Cunningham to 88, pp. 174-75 WTOP Radio, Mar. 17, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): John T. & Mildred R. 88, p. 176 Sheperd to Jack Kent Cooke, Mar. 17, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Kenneth C. Allen to Jack 88, p. 177 Kent Cooke, Mar. 17, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Louise M. Saylor to Letter to 88, p. 179 the Editor, Wash. Post, Mar. 17, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Bill Ramsay to Jack Kent 88, pp. 180-81 Cooke, Mar. 18, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Nicholas T. Yaworski to 92, p. 4 Michael Douglass, GM, WTOP Radio, Mar. 18, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): James E. Felten to Michael 92, p. 5 Douglass, WTOP Radio, Mar. 18, 1992 155 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Support letter Nunberg Dep. Ex. 41 (part): Theodore W. Bremer to Jack 92, p. 6 Kent Cooke, Mar. 17, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Helen & Edward Beaver to 92, p. 7 Jack Kent Cooke, Mar. 20, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Alexander Polett to Jack 92, p. 8 Kent Cooke, Mar. 21, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Ricardo J. Martinez to Jack 92, pp. 9-14 Kent Cooke, Mar. 21, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): William F. Jr. & Velma L. 92, p. 15 Kidwell to Jack Kent Cooke, Mar. 23, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Francis J. Donnelly to 92, p. 18 Michael Douglass, GM, WTOP Radio, Mar. 24, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Francis J. Donnelly to Jack 92, p. 19 Kent Cooke, Mar. 25, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Charles E. Reed to Wash. 92, pp. 22-23 Redskins, Mar. 27, 1992, with his letter to the editor Undeserved Names are Offensive, Mont. Std., Mar. 25, 1992, at 4, attached N/A Support letter Nunberg Dep. Ex. 41 (part): Arthur W. Arundel to Jack 92, pp. 24-25 Kent Cooke, Mar. 26, 1992, Charles E. Reed to Wash. Redskins, Mar. 27, 1992, with his editorial Keep the Name, Fauquier Times-Democrat, Mar. 26, 1992, attached N/A Support letter Nunberg Dep. Ex. 41 (part): John Milot to Jack Kent 92, p. 26 Cooke, Mar. 30, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Eddie M. Bryant Sr. to Jack 92, p. 27 Kent Cooke, Mar. 31, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Robert S. Hubbard to Jack 92, p. 28 Kent Cooke, Apr. 3, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Paul Sheldon to Jack Kent 92, p. 29 Cooke, Apr. 9, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): J. V. Richard Kaufman to 92, pp. 30-31; Jack Kent Cooke, Apr. 14, 1992, with enclosed photos identified as taken at the Red Mesa High School on a Navaho reservation in northern Ariz., showing “Home of the Redskins” signs; (dup) As Stevens Dep. Ex. 9 94, p. 111 N/A Support letter Nunberg Dep. Ex. 41 (part): Michael John Nisos to Jack 92, pp. 33-34 Kent Cooke, undated (date stamped “JKC Inc. Apr. 28, 1992”), with photo indicating it shows “Redskin” Indiannamed movie theater located in Andarko, Okla. 156 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Support letter Nunberg Dep. Ex. 41 (part): Ruth Walkup to Jack Kent 92, pp. 35-38 Cooke, Aug. 1, 1992, with enclosed photo identified as taken at the Red Mesa High school on a Navaho reservation in Tonelea, Ariz., showing “Home of the Redskins” sign N/A Support letter Nunberg Dep. Ex. 41 (part): George P. Morse to Jack 92, p. 39 Kent Cooke, Aug. 5, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Mary Beth Hughes to Jack 92, p. 40 Kent Cooke, undated (date stamped “JKC Inc. Aug. 27, 1992”) N/A Support letter Nunberg Dep. Ex. 41 (part): Priscilla J. Fritz to Letters 92, pp. 41-42 to the Editor, Wash. Post, Sept. 2, 1992, with enclosed photo identified as being from the “Redskin Motel” on a Cherokee Indian Reservation N/A Support letter Nunberg Dep. Ex. 41 (part): James Brewster Hopewell to 92, pp. 43-44 Jack Kent Cooke, Sept. 14, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): James R. Martin to Jack 92, pp. 45-46 Kent Cooke, Sept. 15, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Dr. Wil Rose, CEO, Am. 92, pp. 47-49 Indian Heritage Found. to Douglas B. Comer, USPTO Acting Comm’r, Sept. 21, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Dr. Wil Rose, CEO, Am. 92, pp. 50-53 Indian Heritage Found. to John Cooke, Sept. 21, 1992, with letter sent to the USPTO attached N/A Support letter Nunberg Dep. Ex. 41 (part): Bob Burns to Jack Kent 92, pp. 54-55 Cooke, Oct. 1, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): C. A. Buser to Jack Kent 92, pp. 56-57 Cooke, Oct. 5, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Charles B. Rosenak to 92, p. 58 Charles Dayton, Wash. Redskins, Oct. 8, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Dolle Nichols & Jo Walter to 92, pp. 56-68 Jack Kent Cooke, Nov. 16, 1992, with Stanley G. Jones Sr., Chairman, Tulalip Tribes, Aug. 31, 1992, Paul J. Biscula, Penobscot Indian Nation, Aug. 31, 1992, Coeur d’Alene Tribe of Idaho, July 20, 1992, Catherine Elston, Hopi Tribe, July 16, 1992, Jonathan L. Taylor, Principal Chief, Eastern Band of Cherokee Indians, July 16, 1992, Merna L. Lewis, V.P., Salt River Pima-Maricopa Indian Community, July 14, 1992, Mike Mayer, July 10, 1992, attached N/A Support letter Nunberg Dep. Ex. 41 (part): Cliff Rodgers to Jack Kent 92, p. 69 Cooke, July 30, 1993 N/A Support letter Nunberg Dep. Ex. 41 (part): Susan Giller to Jack Kent 92, p. 70 Cooke, May 10, 1993 157 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Support letter Nunberg Dep. Ex. 41 (part): Robert Camp Littleton, July 92, p. 73 11, 1993 N/A Support letter Nunberg Dep. Ex. 41 (part): J. E. Schumach to Jack Kent 92, p. 74 Cooke, July 11, 1993 N/A Support letter Nunberg Dep. Ex. 41 (part): James Kevin Campbell to 92, p. 76 Jack Kent Cooke, Aug. 20, 1993 N/A Support letter Nunberg Dep. Ex. 41 (part): Jeffrey L. Rosen to Jack 92, pp. 149-50 Kent Cooke, July 3, 1995, regarding Red Mesa High School Redskins SUPPORT LETTERS WITH NO SOURCE OR NO DATE N/A Support letter Nunberg Dep. Ex. 41 (part): Philip A. Severson to Jack 88, p. 40 Kent Cooke, undated N/A Support letter Nunberg Dep. Ex. 41 (part): Chuck to Jack Kent Cooke, 88, p. 72 Mar. 16, 1989 N/A Support letter Nunberg Dep. Ex. 41 (part): Ted Smyrna to Sir, undated 88, p. 169 N/A Support letter Nunberg Dep. Ex. 41 (part): Ann & Robert Anderson to 88, p. 182 Jack Kent Cooke, undated (date stamped illegible) N/A Support letter Nunberg Dep. Ex. 41 (part): Ronald M. Eng to Letter to 88, pp. 183-84 Editor, Wash. Post, undated (date stamped illegible) N/A Support letter Nunberg Dep. Ex. 41 (part): [unknown author] to 92, p. 16 Michael Douglass, WTOP-AM, Mar. 23, 1992 N/A Support letter Nunberg Dep. Ex. 41 (part): Bob Ryan to “Sir,”, undated 92, p. 17 (date stamped “JKC Inc. Mar. 26, 1992”) N/A Support letter Nunberg Dep. Ex. 41 (part): writing of letter illegible, 92, p. 21 Mar. 19, 1992 USPTO APPLICATION SERIAL NO. 74311697 77, pp. 24-61 33 USPTO Office Charles M. Bottorff, Trademark Attorney, USPTO, to Action Atlantic Publ’g Group, Section 2(a) disparagement & false association, Section 2(d), & Section 2(e)(1) refusals, including evidence, ownership inquiry and specimen requirements, issued Jan. 8, 1993 USPTO REGISTRATIONS AT ISSUE 8 Registration Registrations (with renewals) at issue 68, pp. 6-13 Certificates N/A Registration Stevens Dep. Ex. 8: Certified copy of U.S. Reg. No. 94, p. 109 986,668, issued June 18, 1974, for a term of 20 years 158 Cancellation No. 92046185 Appendix A – Petitioners’ Submissions of Harjo Petitioners’ First, Fifth, Sixth & Tenth Notices of Reliance (“NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. USPTO REGISTRATIONS—NIGGER HEAD & RELATED MARKS 31 Registration Registrations: Reg. No. 54,864, for “NIGGER HEAD 61, pp. 21-44 Certificates BRAND” & design, used on fruits and vegetables hermetically sealed, issued July 31, 1906; Reg. No. 57,575, for “NIGGER HEAD” & design, used on oysters and shrimp, issued Nov. 13, 1906; Reg. No. 136,444, for “NIGGER HEAD” & design, used on stove polish, issued on Nov. 2, 1920; Reg. No. 158,452, for “NIGGERHED” & design, used on electric lamp sockets, electric lamp cover sockets, and electric lamp plugs; Reg. No. 160,641, for “NIGGERHEAD COAL” in special form, used on coal, issued on Oct. 24, 1922; Reg. No. 178,611, for “NIGGER BRAND” & design, used on dates, issued Jan. 15, 1924; Reg. No. 186,950, for “NIGGER CANE IN DE PATCH” in special form, used on cane syrup for food purposes, issued July 22, 1924, with first renewal on July 22, 1944; Reg. No. 217,067, for “NIGGER BABY BRAND TURN ON THE JUICE” & design, used on fresh oranges and grapefruit, issued Aug. 24, 1926, with first renewal on Aug. 24, 1946; Reg. No. 221,097, for “NIGGER HEAD” & design, used on golfing tees, clubs and grips, issued on Nov. 23, 1926; Reg. No. 301,747, for “NIGGER HEAD PRIZE ICE CREAM” & design, used on novelty confection consisting of chocolate-covered molded ice cream, issued Mar. 14, 1933; and Reg. No. 623,209, for “NEGRO HEAD” in special form, used on canned oysters and shrimps, issued Mar. 13, 1956 159 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. BOOKS, ESSAYS, GUIDES, SCHOLARLY PAPERS & JOURNAL ARTICLES 8 Book excerpt James Joyce, Ulysses 324-25 (1946); 129, pp. 34-36 [As Barnhart Dep. Ex. 6] 13 Book excerpt Elizabeth Pickette (Chevalier), Redskin 1-7, 28-29, 34175, pp. 13-42; 35, 46-49, 56-57, 84-85, 90-91, 102-03, 128-29, 134-37, 158-61, 164-67, 190-91, 200-01, 224-25, 246-247, 256, 274-75 (1929); As Butters Dep. Ex. 7 (part) 167, pp. 12-41 14.1 Essay in book Philip Rahv, Paleface & Redskin, Image & Idea: Twenty 175, pp. 43-49; Essays on Literary Themes 1-6 (1957); As Butters Dep. Ex. 9 (part) 170, pp. 4-10 14.2 Essay in book Philip Rahv, Paleface & Redskin, Essays on Literature & 175, pp. 50-59; Politics 1932-1972, at 3-7 (1978); As Butters Dep. Ex. 9 (part): Essays on Literature & Politics 1932-1972, at v-xi, 3-7 (1978) 170, pp. 11-20 14.3 Book excerpt Philip Rahv, Paleface & Redskin, Image & Idea: 175, pp. 60-62; Fourteen Essays on Literary Themes, tbl of contents (1949); As Butters Dep. Ex. 9 (part) 170, pp. 21-23 14.4 Book excerpt Sanford Pinsker, Theoretical Palefaces/Neo-Realistic 175, pp. 63-73; Redskins, or Why the Ghost Paleface & Redskin, in Neo-Realism in Contemporary Am. Fiction 51-64 (1992); As Butters Dep. Ex. 9 (part) 170, pp. 24-34 15 Commentary Vine Deloria, Jr., Commentary: Research, Redskins, and 175, pp. 74-81 in journal Reality, Am. Indian Q. 457-68 (Fall 1991) 16 Book cover Vine Deloria, Jr., Red Earth White Lies: Native 175, pp. 82-83 Americans and the Myth of Scientific Fact (1995) 59 Book excerpt William G. Zikmund, Exploring Marketing Research 153, pp. 34-41; 462-68 (4th ed. 1991); As Jacoby Dep. Ex. 5 174, pp. 11-18 60 Guidelines Adver. Res. Found., Guidelines for the Public Use of 153, pp. 42-56; Market & Opinion Research (1981); As Jacoby Dep. Ex. 7 174, pp. 20-34 65 Article in Ward Churchill, et al., Media Stereotyping & Native 151, pp. 64-67 journal Response, 11 Indian Historian 49, 56 (1978) 69 Book excerpt Harry V. Sucher, The Iron Redskin (1990) 152, pp. 9-14 70 Book excerpt N/A Book excerpt N/A Book excerpt Jerry Hatfield, Illustrated Indian Motorcycle Buyer’s Guide: All the Iron Redskins from 1901, at 145-46 (1989) James Joyce, Ulysses 324-25 (1946) 152, pp. 16-19 Butters Dep. Ex. 3: Mary Brave Bird, Ohitika Woman 69, 18-21, 42-43, 58-61, 119, 144-45, 158, 59, 168-69, 18081, 192-93 (1993) 164, pp. 23-37 160 162, pp. 81-83 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Article in Butters Dep. Ex. 4: Roy C. O’Donnell, Freedom and 164, pp. 38-66 manuscript Restrictions in Language Use (1992) form N/A Article in Butters Dep. Ex. 5: John McCluskey, Dictionaries and 164, pp. 67-75 manuscript Labeling of Words Offensive to Groups, with Particular form Attention to the Second Edition of the OED (1990) N/A Book excerpt Butters Dep. Ex. 7 (part): E. R. Hagemann, Fighting 164, pp. 42-45 Rebels and Redskins: Experiences in Army Life of Colonel George B. Sanford 1861-1892, title page (1969) N/A Book excerpt Butters Dep. Ex. 9 (part): Joan Beam & Barbara 170, pp. 35-45 Branstad, Native American in Long Fiction: An Annotated Bibliography vii-xv, 20-21, 148-149, 186-87 (1996) N/A Book excerpt Butters Dep. Ex. 27: Carl Waldman, Word Dance: The 165, pp. 47-59 Language of Native American Culture vii-ix, 26-27, 9495, 106-07, 166-67, 192-93, 202-04, 222-23 (1994) BUSINESS COMMUNICATIONS BETWEEN RESPONDENT & THIRD-PARTIES AND INTERNAL COMMUNICATIONS (UNLESS UNDER OTHER HEADING) 22 Response to John Kent Cooke to Joseph F. K. Mayhew, Mar. 26, 1992 142, p. 12 support letter 23 Response to John Kent Cooke to Robert Salgado, Soboba Band of 142, p. 13 support letter Mission Indians, Mar. 5, 1992 25 Business John Kent Cooke, Redskins, to Susan T. Fletcher, Phila. 142, p. 26; letter Eagles, Sept. 22, 1983; As Cooke Dep. Ex. 2 156, p. 6 26 Business John Kent Cooke, Redskins, to Nate Pope, NPC & 142, p. 27; letter Associates, Aug. 10, 1987; As Cooke Dep. Ex. 4 156, p. 8 29.1 Business Dale Pullen, U.S. Congress Handbook, to Charlie 142, p. 43 letter Dayton, Wash. Redskins, June 3, 1991 29.2 Business Harry J. Gould to Pres., Wash. Redskins, Oct. 28, 1991, 142, pp. 44-45 letter with No Reservations: Arizona’s Braves Proud of Nickname, Ariz. Republic, undated, at C1, C10 49 Cover memo John Kent Cooke Sr. to Jack Kent Cooke, Aug. 24, 1993, 149, p. 43; on WTOP regarding WTOP Surveys; survey As Cooke Dep. Ex. 6 (part) 156, p. 10 49 Business Tom McKinley, WTOP, to Charlie Dayton, Wash. 149, pp. 44-45; memo Redskins, Aug. 24, 1993, regarding survey results; As Cooke Dep. Ex. 6 (part) 156, pp. 12-13 N/A Internal Cooke Dep. Ex. 3: Paul E. Denfeld, to John Kent Cooke, 156, p. 7 memo Subject: Chief Z, May 19, 1987 N/A Business Cooke Dep. Ex. 5: John Kent Cooke, Redskins, to Ercle 156, p. 9 letter F. Herbert Jr., Herbert & Herbert Inc., Dec. 18, 1987 161 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Business Cooke Dep. Ex. 7: John Kent Cooke Jr., Dir. of 156, p. 40 facsimile Promotions, to Craig Kapp, McCann-Erickson USA, Sept. 13, 1993, regarding ad campaign N/A Internal Cooke Dep. Ex. 13: John Kent Cooke to file, Nov. 22, 156, pp. 85-86 memo 1991, regarding BIA meeting N/A Internal Cooke Dep. Ex. 14: John Kent Cooke to Charlie Dayton, 156, pp. 90-91 memo July 30, 1993, regarding contacts of supportive Indian tribal leaders N/A Internal Cooke Dep. Ex. 15: John Kent Cooke to Charlie Dayton, 156, p. 92 memo Sept. 16, 1992, regarding blessing Redskin Park N/A Internal Cooke Dep. Ex. 16: John Kent Cooke to file, Jan. 9, 156, p. 87 memo 1992, regarding AIM & options N/A Internal Cooke Dep. Ex. 17: John Kent Cooke to Jack Kent 156, pp. 88-89 memo Cooke, Jan. 16, 1992, regarding AIM & options N/A Response to Cooke Dep. Ex. 18: John Kent Cooke to Wilcomb E. 156, p. 93 support letter Washburn, Jan. 9, 1992 N/A Cease & Cooke Dep. Ex. 22: Stuart A. Haney, Counsel, Wash. 157, pp. 7-8 desist letter Redskins, to Benjamin D. Severson, Atl. Publ’g Grp., June 5, 1990 Cooke Dep. Ex. 24: John Kent Cooke to Wilcomb E. N/A Response to 157, p. 11 support letter Washburn, Apr. 21, 1992 Cooke Dep. Ex. 25 (part): Jack Kent Cooke to M. Henson, 157, p. 12 N/A Response to support letter Aug. 3, 1992 N/A Response to Cooke Dep. Ex. 26: Jack Kent Cooke, Redskins, to 157, pp. 15-16 support letter James Kevin Campbell, Sept. 2, 1993, with James Kevin Campbell to Jack Kent Cooke, Aug. 20, 1993 CORRESPONDENCE BETWEEN THIRD PARTIES N/A Business Cooke Dep. Ex. 1: 156, pp. 4-5 letter Susan T. Fletcher, Phila. Eagles, to Marilyn Z. Kutler, Municipal Services Bldg., re: Parking Lot Incident During Wash. Redskins Game at Veterans Stadium Sept. 11, 1983, Sept. 16, 1983 CORRESPONDENCE BY PETITIONERS’ COUNSEL 67 Business Michael Drysdale to Teresa D. LaFromboise, May 8, 151, pp. 69-77 letter 1996, regarding expert testimony draft 68 Business Laurie Scalon to Teresa D. LaFromboise, Dec. 5, 1996, 151, p. 78 letter regarding prepared expert report CORRESPONDENCE WITH RESPONDENT’S HARJO COUNSEL N/A Business Barnhart Dep. Ex. 7: David K. Barnhart to Nadine 162, pp. 84-86 letters & Flynn, April 16, 1996; John Paul Reiner to David K. check stub Barnhart, Apr. 22, 1996, with check stub indicating retainer fee payment N/A Business Barnhart Dep. Ex. 8: David K. Barnhart to John Reiner, 160, pp. 4-5 letter & bill June 22, 1996, with bill for expert witness services 162 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Business Barnhart Dep. Ex. 9: [sender’s name not shown], White 160, p. 6 letter (partial & Case, to David K. Barnhart, June 24, 1996 N/A Business Butters Dep. Ex. 11: Letters between Ronald R. Butters 172, pp. 6-19 letters & bills and Nadine P. Flynn, and invoices CURRICULA VITAE 7 CV David K. Barnhart; 129, pp. 31-33; As Barnhart Dep. Ex. 2 162, pp. 14-16 10 CV Ronald R. Butters; 129, pp. 53-61; As Butters Dep. Ex. 1 164, pp. 4-12 62 CV Jacob Jacoby, Jan. 1996; 151, pp. 5-48; As Jacoby Dep. Ex. 1 168, pp. 4-47 DEPOSITIONS & SUBPOENAS TO GIVE TESTIMONY/PRODUCE EVIDENCE N/A Deposition John Kent Cooke Dep., Mar. 26, 1996 154, pp. 4-66 N/A Deposition John Kent Cooke Dep., Mar. 27, 1996 155, pp. 4-74 N/A Deposition Richard L. Vaughn Dep., Mar. 28, 1996 158, pp. 4-176 N/A Deposition David K. Barnhart Dep., Dec. 19, 1996 159, pp. 4-141 N/A Deposition David K. Barnhart Dep., Apr. 9, 1997 161, pp. 4-50 N/A Subpoena 162, pp. 4-13 N/A Deposition Barnhart Dep. Ex. 1: Subpoena Ad Testificandum & Duces Tecum on David Barnhart & Lexik House Publishers, Dec. 13, 1996 Ronald R. Butters Dep., Dec. 20, 1996 N/A Deposition Ronald R. Butters Dep., Apr. 10, 1997 163, pp. 67-106 N/A Subpoena 164, pp. 13-22 N/A Deposition Butters Dep. Ex. 2: Subpoena Ad Testificandum & Duces Tecum on Ronald Butters, Dec. 13, 1996 Jacob Jacoby Dep., Apr. 8, 1997 5.1 5.2 5.3 5.4 5.5 Definition Definition Definition Definition Definition 5.6 5.7 Definition Definition 5.8 5.9 5.10 Definition Definition Definition DICTIONARIES Webster’s New American Dictionary 823 (1965) World Book Dictionary, Vol. 2, 1633 (1967) Int’l Webster New Encyclopedic Dictionary (1975) Am. Heritage Dictionary of the English Language (1976) Webster’s New Twentieth Century Dictionary of the English Language Unabridged 1513 (2d ed. 1977) HBJ School Dictionary 612 (1977) Thorndike/Barnhart Doubleday Advanced Dictionary 855 (1979) Webster’s New Collegiate Dictionary (1980) World Book Dictionary, Vol. 2, 1752 (1979) Am. Heritage Dictionary of the English Language 1082 (1981) 163 163, pp. 4-66 166, pp. 4-114 128, pp. 91-92 128, pp. 93-94 128, pp. 95-96 128, pp. 97-98 128, pp. 99-100 128, pp. 101-02 128, pp. 103-04 128, pp. 105-06 128, pp. 107-08 128, pp. 109-10 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 19 Definition Am. Heritage College Dictionary 375, 400, 947 (3d ed. 142, pp. 5-9 1993) 41 Definition Am. Heritage School Dictionary (1977); 143, pp. 22-23; As Butters Dep. Ex. 26 165, p. 46 N/A Introduction Butters Dep. Ex. 6 (part): Explanatory notes, The 164, pp. 76-89 & definition English Language in the Dictionary, & “redskin” definition, Merriam Webster's Collegiate Dictionary 17a19a, 23a-30a, 980 (10th ed. 1993) N/A Introduction Butters Dep. Ex. 6 (part): Preface to the Second Edition, 164, pp. 90-101 & definition Preface to the First Edition, Usage: Change and Variation, Labels, “redskin” definition, Random House Dictionary of the English Language vii-x, xxi-xxiv, 1618 (2d ed. 1987) 173, pp. 54-67 N/A Introduction Butters Dep. Ex. 20: Geoffrey Nunberg, Usage in the & definition American Heritage Dictionary: The Place of Criticism, definitions of “derogatory,” “disparage,” “Indian,” “Native American,” “offensive,” and “redskin,” Am. Heritage College Dictionary xvi-xxi, 375, 400, 691, 908, 947, 1145 (3d ed. 1993) FILM FOOTAGE (DVD OF VHS-FORMATTED MATERIAL) 52 Footage Scene from Courage Under Fire (1996) (on file with 149, p. 72 excerpt TTAB) GAME PROGRAM PAGES (PITTSBURGH STEELERS) Program front As Cooke Dep. Ex. 12 (part): Sept. 29, 1957 (from 156, p. 82 N/A page Pittsburgh Steelers Football Club) GAME PROGRAMS, PRESS GUIDES & FACT BOOKS, OFFICIAL MAGAZINES, YEARBOOKS & ANNIVERSARY ISSUES (WASHINGTON REDSKINS) 24.1 Magazine Redskins vs. Cleveland Browns, Oct. 21, 1956 front cover 142, p. 14 cover 24.2 Magazine Redskins vs. N.Y. Giants, Nov. 18, 1956 front cover 142, p. 15 cover 24.3 Magazine Redskins vs. Cleveland Browns, Nov. 17, 1957 front 142, p. 16 cover cover 24.4 Magazine Redskins vs. Pittsburgh Steelers, Dec. 7, 1958 front 142, p. 17 cover cover 24.5 Magazine Redskins vs. Pittsburgh Steelers, Oct. 18, 1959 front 142, p. 18 cover cover 24.6 Magazine Redskins vs. Balt. Colts, Nov. 8, 1959 front cover 142, p. 19 cover 24.7 Magazine Redskins vs. Phila. Eagles, Dec. 7, 1958 front cover 142, p. 20 cover 24.8 Magazine Redskins vs. Dall. Cowboys, Oct. 9, 1958 front cover 142, p. 21 cover 164 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 24.9 Magazine Redskins vs. Pittsburgh Steelers, Oct. 23, 1960 front 142, p. 22 cover cover 24.10 Magazine Redskins vs. Cleveland Browns, Oct. 30, 1960 front cover 142, p. 23 cover 24.11 Magazine Redskins vs. St. Louis Cardinals, Nov. 20, 1960 front 142, p. 24 cover cover 24.12 Magazine Redskins vs. N.Y. Giants, Dec. 11, 1960 front cover 142, p. 25 cover N/A Yearbooks Cooke Dep. Ex. 9: Washington Redskins, Official 1987 156, pp. 43-55 (partial) Team Yearbook, Limited Edition, front cover, & & photos of players in uniform, marching band, Redskinettes & pageantry, & 1937-1986 Washington Redskins, Official 50th [1987] Anniversary Team Yearbook, images of 6 helmets bearing various logos, reproduction of historic cartoon, articles, 1947 game advertisement for Redskins vs. Giants at the Polo Grounds, fight song lyrics, & photos of players in uniform, marching band, Redskinettes & pageantry N/A Program front Cooke Dep. Ex. 12 (part): Undated 156, pp. 65-81 covers N/A Fact book Cooke Dep. Ex. 12 (part): Do You Remember? 1937 , 156, p. 83 (partial) undated N/A Program front Cooke Dep. Ex. 12 (part): Sept. 21, 1958 (shows cartoon 156, p. 84 cover reprinted from Evening Star (Wash.), Dec. 17, 1936) LEGISLATIVE MATERIALS 64 Fed. Reg. Indian Entities Recognized & Eligible to Receive 151, pp. 57-63; Notice Services from the U.S. BIA, 60 Fed. Reg. 9250 (Feb. 16, 1995); As Jacoby Dep. Ex. 4 174, pp. 4-10 MARKETING MATERIALS N/A Catalog Cooke Dep. Ex. 20: 1985 NFL Merchandise Catalog, 157, pp. 4-5 including Redskins’ merchandise MISCELLANEOUS 2 Logo Depiction of Washington Redskins’ logo, showing the 128, p. 84 head of an Indian in profile, wearing feathers, within a circle, which has two feathers attached 3 Logo Depiction of football helmet bearing Washington 128, p. 85 Redskins’ logo, described above 4 Court Petition for Cancellation in the Harjo proceeding, with 128, pp. 86-90 document cover letter from the TTAB, mailed Oct. 5, 1992 39 Logo Depiction indicated as a Native American wearing feathers, developed by Onekema schools in conjunction with an American Indian group 165 143, p. 19 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 40 Brochure Bureau of Indian Affairs, U.S. Dep’t of the Interior, You 143, pp. 20-21 Asked About . . . Indian Ancestry, with BIA Area Office Listing 53 Coin Indian head nickel (1937) 149, p. 73 54 Packaging Image of Land O’Lakes-brand butter carton 153, p. 4 55 Packaging Image of Indian Head-brand yellow corn meal bag 153, pp. 5-9 57 Packaging Image of Argo-brand corn starch box 153, p. 13 66 Drawing Drawing of profile of Native American wearing 151, p. 68 headband and feathers N/A Draft Vaughn Dep. Ex. 27: Draft with handwritten notes, with 158, pp. 177-78 fax cover sheet from Charlie Dayton to Jack Kent Cooke PERIODICAL MATERIALS—ADVERTISING/MARKETING BY THIRD PARTIES, INCLUDING ITEMS IN THIRD-PARTY PUBLICATIONS 43.18 Newspaper Safeway advertisement, Meet a Redskin Football Star, 148, p. 27 advertisement Wash. Post & Times Herald, Oct. 10, 1958, at A18 148, p. 36 43.26 Newspaper Janitor Supply Co., Good Luck Redskins for a Clean advertisements Sweep, & Maggie’s Restaurant, Good Luck for the Season! Welcome Redskins, WASH. DAILY NEWS, Sept. 19, 1958, at 37 PERIODICAL MATERIALS—CARTOONS N/A Cartoon Cooke Dep. Ex. 12 (part): Jim Berryman, No Time For 156, p. 58 Shadow Boxing, EVENING STAR (Wash.), Nov. 14, 1943 (handwritten) (Redskins v. Lions) 156, p. 59 N/A Cartoon Cooke Dep. Ex. 12 (part): Jim Berryman (caption cutoff), EVENING STAR (Wash.), Oct. 19, 1943 (handwritten) (point of cartoon is unknown) N/A Cartoon Cooke Dep. Ex. 12 (part): Redskins 1960, undated and 156, p. 60 unidentified publication (team wins) N/A Cartoon Cooke Dep. Ex. 12 (part): Viewpoints, FORT WORTH STAR 156, p. 61 TELEGRAM (Tex.), Nov. 21, 1979, at 14A (Indian runs away with the turkey as prize) N/A Cartoon Cooke Dep. Ex. 12 (part): Jim Berryman, Still Sitting— 156, p. 62 But Not Pretty!, EVENING STAR (Wash.), Nov. 17, 1941 (handwritten) (Bears challenging Redskins) N/A Cartoon Cooke Dep. Ex. 12 (part): Jim Berryman, Hang On Boy, 156, p. 63 He Might Stumble, WASH. POST, Nov. 17, 1941 (handwritten) (Redskins unafraid of Giants) N/A Cartoon Cooke Dep. Ex. 12 (part): Jim Berryman, Full of Food— 156, p. 64 And Fight!, unidentified publication, Nov. 24, 1950 (handwritten) (Bears winning history) 166 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Cartoon Cooke Dep. Ex. 12 (part): Jim Berryman, Wonder How 156, p. 59 We’ll Get Along, reprinted from Wash. Star, 1937, undated and unidentified source (on Redskins move to DC from Boston) PERIODICAL MATERIALS —SOURCED & DATED 12 Book review Joseph Leo Koerner, Paleface and Redskin, New 175, pp. 4-12; in magazine Republic, Mar. 24, 1997, at 30-32, 34-38 (reviewing Aby M. Warburg, Images from the Region of the Pueblo Indians of N. Am.); 165, pp. 37-45 As Butters Dep. Ex. 25 17 Newspaper Cowed by the Soldiers, N.Y. TIMES (handwritten), Nov. 175, pp. 84-86 article 26, 1890 (handwritten) 142, p. 4 18 Newspaper Abandoning the Craze, ROCKY MTN. NEWS (handwritten), Nov. 26, 1890 (handwritten) article 143, p. 4 31.1 Newspaper Redskins Sign Indian, WASH. DAILY NEWS, Mar. 10, 1959, article at 37 31.2 Newspaper An Indian Joins the Redskins, WASH. DAILY NEWS, July 143, p. 5 article 27, 1959 43.7 Newspaper Little Mo and Bride, EVENING STAR (Wash.), Jan. 25, 148, p. 11 photo/caption 1954 148, pp. 14-15 43.10 Newspaper Lewis F. Atchison, Biggest Crowd in 10 Years May See article Redskins-Colts, EVENING STAR (Wash.), Nov. 5, 1957, at C-1 148, pp. 22-23 43.16 Newspaper Dave Slattery, Here’s What’s Wrong With the Redskins, letter to the WASH. DAILY NEWS, Nov. 7, 1958, at 52 editor 148, p. 40 43.30 Newspaper Lewis F. Atchison, Redskins Plan to Start Olszewski in article Opener, EVENING STAR (Wash.), Sept. 27, 1958, at A-13 43.35 Newspaper Lewis F. Atchison, Redskins Crippled But ‘Up’ for Rams’ 148, pp. 46-47 article Battle Tonight, EVENING STAR (Wash.), Aug. 21, 1959; Lewis F. Atchison, Redskins’ Hopes Dim for Game with Rams, EVENING STAR (Wash.), Aug. 30, 1959 43.36 Newspaper Jack Walsh, Bears Favored by 4 ½ Points Over Redskins, 148, pp. 48-49 article WASH. POST, Sept. 5 1959 (handwritten), at A11, A15; Lewis F. Atchison, Day Will Start for Redskins Against Bears, EVENING STAR (Wash.), Sept. 5, 1959 150, p. 8 44.5 Newspaper Lewis F. Atchison, Redskins Cheered by News on article Stadium, EVENING STAR (Wash.), Mar. 6, 1961 150, p. 9 44.6 Newspaper Tom Yorke, Redskin Coaches Kick HBs Around, WASH. DAILY NEWS, Oct. 26, 1961, at S7 article 44.7 Newspaper Lewis F. Atchison, Davis Drafted by Redskins; & [no 150, pp. 10-11 articles author shown], Collins Claimed by Browns, & Chance for Promised Land Blown by Jittery Redskins, EVENING STAR (Wash.), Dec. 4, 1961 (handwritten) 167 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 44.9 Newspaper Dave Brady, Redskins Receive $250,000 for Radio-TV; & 150, pp. 13-16 article & Bob Addie’s Column . . ., WASH. POST (handwritten), Aug. 30, 1961 (handwritten) commentary 44.11 Newspaper Tom Yorke, Redskins & 18 Face the Eagles, WASH. DAILY 150, pp. 18-19 NEWS, Sept. 23, 1961 article 44.12 Newspaper Morris Siegel, Siegel at Large, Redskins Luncheon: Who 150, pp. 20-21 commentary Said What, WASH. STAR,, May 1, 1963 (handwritten) & & article Lewis F. Atchison, Redskin Board Set to Change Club Control, WASH. STAR,, May 2, 1963 (handwritten) 150, p. 23 44.14 Newspaper Five Redskins to Serve in Guard During March, article EVENING STAR (Wash.), Aug. 27, 1963 (handwritten) 44.18 Newspaper Tom Yorke, Jayne Scores for Redskins and Bears, WASH. 150, p. 29 article DAILY NEWS, June 25, 1963 44.20 Newspaper Dave Brady, Redskins Landed Tom Urbanik with 150, pp. 31-32 article $120,000 Contract, Benefits, WASH. POST, Feb. 25, 1965, at F1 44.21 Newspaper Redskins Add Exhibition with Eagles, WASH. POST 150, p. 33 article (handwritten), Apr. 16, 1965 (handwritten) 150, pp. 34-35 44.22 Newspaper Dave Brady, Huff Can Hardly Hold Delight with article Redskins, WASH. POST, July 29, 1965 145, p. 9 44.25 Newspaper Lewis F. Atchison, Redskins Give Graham Complete article Authority, EVENING STAR (Wash.), Jan. 25, 1966, at A19 44.26 Newspaper Lewis F. Atchison, Redskins Take On Ex-Howard Coach, 145, p. 10 articles EVENING STAR (Wash.) (handwritten), Feb. 27, 1966; Dave Brady, White Named to Full-Time Redskin Job, Wash. Post, Feb. 27, 1966 44.27 Newspaper Dave Brady, Graham Won’t Tolerate Any Loafing, 145, pp. 11-12 article Promises ‘Some Changes’ for, WASH. POST , Mar. 23, 1966 (handwritten) 44.28 Newspaper Lewis F. Atchison, Franchise Bids Bring Out Pros, 145, p. 13 articles EVENING STAR (Wash.), Mar. 19, 1966, at S8, & Dave Brady, Marshall’s Children Fail in Attempt to Remove Redskins’ Conservators, WASH. POST (handwritten), May 21, 1966 (handwritten) 44.29 Newspaper Lewis F. Atchison, Graham Plans Snowden Test as Tight 145, p. 14 articles End, EVENING STAR (Wash.), May 24, 1966 (handwritten), Tom Yorke, Redskins Set Training Date, WASH. DAILY NEWS, May 24, 1966 145, p. 15 44.30 Newspaper Bob Addle, 5 Redskin Join Fellow of Christian Athletes, articles WASH. POST, Oct 22, 1966, at E5 145, p. 16 44.31 Newspaper Tom Yorke, Williams is ‘Conspiring,’ Says Jailed GPM article Jr., WASH. DAILY NEWS, Jan. 13, 1967 44.32 Newspaper Sailors Sign Deal With Redskins, Wash. Post, Feb. 3, 145, p. 17 article 1967 168 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 145, p. 18 44.33 Newspaper Dave Brady, Kurharich Sees Redskins up to 40% article Impoved, WASH. POST, May 18, 1967 (handwritten) 44.34 Newspaper Redskins Play Basketball Game on Friday Night, WASH. 145, p. 19 article POST (handwritten), Feb. 26, 1967 (handwritten) 44.35 Newspaper Dick O’Brien, Ex-Redskin Pounding Pins, EVENING STAR 145, p. 20 (Wash.), Feb. 24, 1967 article 145, p. 22 44.37 Newspaper Dave Brady, Ad Fails Fan in Redskins’ Ticket Quest, article WASH. POST (handwritten), Mar. 29, 1967 (handwritten) 145, p. 23 44.38 Newspaper Early Birds in Redskin Ticket Line, EVENING STAR (Wash.), Apr. 29, 1967, at A-14 photo 44.39 Newspaper 45 Redskin Rookies to Open Drills at Dickinson Tuesday, 145, p. 24 article Evening Sentinel (Carlisle, Pa.) (handwritten), July 15, 1967 (handwritten) 145, p. 25 44.40 Newspaper Dave Brady, Jerry Allen Finds Identity, Running Room article as Redskin, WASH. POST, Aug. 24, 1967 44.41 Newspaper 145, p. 26 Redskin Sold Out for Seven Home Football Games in article 1967, Evening Sentinel (Carlisle, Pa.) (handwritten), Aug. 29, 1967 (handwritten) 44.42 Newspaper Tom Yorke, Redskin Sellouts Aren’t Limited to Sundays, 145, p. 27 commentary WASH. DAILY NEWS, Sept. 20, 1967 145, p. 29 44.44 Newspaper Claudia Baskin, Redskins’ Wives Winning Team, article EVENING STAR (Wash.) (handwritten), Oct. 31, 1967 (handwritten) 145, pp. 30-31 44.45 Newspaper Tom Yorke, GPM Changed—Ditto His Team, WASH. DAILY NEWS, Nov. 3, 1967 article 145, p. 32 44.46 Newspaper Tom Yorke, For Otto . . . It’s Still Diet Soda, WASH. DAILY NEWS, Nov. 7, 1967 article 145, pp. 33-34 44.47 Newspaper Dave Brady, Redskins’ Game Now ‘Off Board,’ WASH. POST, Nov. 18, 1967 (handwritten) article 44.48 Newspaper Dave Brady, Redskins Land McDonald, WASH. POST, 145, p. 35, article Mar. 30, 1967, at C-1 146, pp. 4-5 146, pp. 6-7 44.49 Newspaper Dave Brady, Redskins Expect Effortless ’68 Sellout, article WASH. POST, Feb. 27, 1968 146, p. 8 44.50 Newspaper Tom Yorke, Another Mr. Smith in Washington, WASH. DAILY NEWS, May 13, 1968 article 44.52 Newspaper William Gildea, Kammerer Claims 90% of Redskins 146, pp. 10-11 article Support Walkout by Players in NFL, WASH. POST, July 13, 1968 (handwritten) 44.53 Newspaper William Gildea, Harbingers of Peace in NFL Precede 146, p. 12 article Today’s Key Meeting, WASH. POST, July 14, 1968 (handwritten) 44.54 Newspaper Redskins Notes, EVENING STAR (Wash.) (handwritten), 146, p. 13 article July 28, 1968 (handwritten) 169 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 146, p. 14 44.55 Newspaper Tom Yorke, The Menu: Redskins Under Glass, WASH. DAILY NEWS, Aug. 1, 1968 (handwritten) article 146, pp. 16-17 44.57 Newspaper Dave Brady, Rock Wants to be a Redskin but 49ers article Remain Adamant, WASH. POST, Sept. 7, 1968 146, pp. 19-20 44.59 Newspaper Tom Yorke, Wooten Joins Redskins Amid Hairy article Controversy, WASH. DAILY NEWS, Aug. 14, 1968 146, pp. 21-22 44.60 Newspaper Dave Brady, Graham Names Theofiledes Quarterback article Starter Friday, WASH. POST , Aug. 15, 1968 (handwritten) 44.62 Newspaper Dave Brady, Redskins Upend Bears, 38-28, WASH. POST, 146, pp. 24-25 article Sept. 16, 1968 44.63 Newspaper Lewis F. Atchison, Redskin Personality, EVENING STAR 146, p. 26 article (Wash.), Sept. 29, 1968 (handwritten) 146, p. 35 44.70 Newspaper AP, All-1930s Team Lists Leemans and 3 Redskins, article EVENING STAR (Wash.), Aug. 26, 1969 44.2– Newspaper Leonard Shapiro, Redskins Hit Bill to Bail Out Short, 149, pp. 5-6 44.3 article Wash. Post, Mar. 30, 1971, at D1, D3 149, p. 13 45.9 Newspaper Steve Guback, Allen Signing Means Little to Redskins, article EVENING STAR (Wash.), July 15, 1977 46.1 Newspaper Joann Stevens, Flick Signs for Redskins, Charity, Wash. 149, p. 15 article Post, June 18, 1981, at D4 46.2 Newspaper Paul Attner, Redskins ’81: Revamped, But Still a 149, p. 16 article Mystery, Wash. Post, July 12, 1981 46.4 Newspaper Redskins’ Vets Unfazed by Draft, Wash. Times, May 2, 149, pp. 18-19 article 1984, at 9B 46.6 Newspaper Bob O’Donnell, Defense a Maneater, According to ‘Jaws,’ 149, p. 21 article Wash. Times, Sept. 8, 1986, at 7C 46.8 Newspaper Christine Brennan, Redskins Never Look Back, 41-14, 149, p. 23 article Wash. Post, Nov. 24, 1986 (handwritten), at D1, D7 47.2 Newspaper 149, p. 27 Redskins Owner, District Near Deal on New Stadium article (continued from previous [not include] page), Wash. (partial) Post, June 11, 1991, at E4 47.3 Newspaper Matt Neufeld, Questions About New Redskins Stadium 149, pp. 28-29 article Unsolved, Wash. Times, May 11, 1993 (handwritten), at A1, A8 149, p. 31 47.5 Newspaper A Tossup: Area Football Fans Cheer—and Boo— article Proposed Move, SUN (Balt.), Dec. 8, 1993 47.6 Newspaper Matt Neufeld, Redskin Opens Learning Center, Wash. 149, p. 32 article Times, Dec. 15, 1993 (handwritten) 47.7 Newspaper David Aldridge, Veteran Friesz Likely to Join Redskins, 149, pp. 33-34 article Wash. Post, Apr. 16, 1994, at G1, G7 47.8 Newspaper David Elfin, No. 2 Johnson Must Wait Until Redskins 149, p. 35 article Sign Shuler, Wash. Times, June 7, 1994 (handwritten) 170 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 47.10 Newspaper AP, Redskins’ Stadium Plan on Fast Track, N. Va. Daily 149, p. 38 article (typed), June 29, 1995 (typed) N/A Newspaper Cooke Dep. Ex. 11: 156, p. 57 article Leonard Shapiro, Indian Group to Stage Protest Sunday at RFK, Wash. Post, Oct. 31, 1991, at B3 PERIODICAL MATERIALS—UNDATED AND/OR UNIDENTIFIED PUBLICATION 20 Publication Title not shown, undated and unidentified publication 142, p. 10 article 30 Newspaper 142, p. 60 Redskins’ Charley Malone Becomes Chief Flying photo, ledger Thunder, undated and unidentified publication 42 Newspaper Numerous clippings of articles, photos and cartoons, 144, pp. 4-43 clippings undated and from unidentified publications, some illegible, identified by Respondent as dated from 1940 to 1949, and identified as using the “Redskins” in the context of professional football 43.1– Newspaper Numerous clippings of articles and photos, undated, 148, pp. 4-10, 43.6, clippings illegible and/or from unidentified publications, identified 12-13, 16-21, 43.8– by Respondent as dated from 1950 to 1959, and 24-26 43.9, identified as using the “Redskins” in the context of 43.10– professional football 43.16, 43.17 148, pp. 28-35, Numerous clippings of articles, photos and 43.19– Newspaper 37-39, 41-45, advertisements, undated, illegible and/or from 43.25, clippings 50-52 unidentified publications, identified by Respondent as 43.27– dated from 1950 to 1959, and identified as using the 43.29, “Redskins” in the context of professional football 43.31– 43.34, 43.37– 43.39 44.1 Newspaper Stereo Disc Made of Redskins March, undated and 150, p. 4 article unidentified publication 44.2 Newspaper Vast New D.C. Stadium Begins to Take Shape, Wash. 150, p. 5 photo Post, undated 44.3 Newspaper Jack Walsh, Marshall Asking that Dallas Play in 150, p. 6 article Division with Redskins, undated and unidentified publication 44.4 Newspaper Tom Yorke, Stadium to be Ready Oct. 1, unknown 150, p. 7 article publication, Mar. 6, 1961 44.8 Newspaper Rookie Redskin Tackle Temporarily Paralyzed, EVENING 150, p. 12 STAR (Wash.), undated clipping 44.10 Newspaper They’ll See Redskins Opener, undated and unidentified 150, p. 17 photo publication 171 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 44.13 Newspaper Dave Brady, Kennedy Observance Set by Redskins 150, p. 22 article Sunday, undated and unidentified publication 150, p. 24 44.15 Newspaper Lewis F. Atchison, Redskins, Eagles Denied Bid to article Postpone Game, EVENING STAR (Wash.), undated 44.16 Newspaper Jack Walsh, Redskins Humiliated by New York: Giants 150, pp. 25-27 article Steal 7 Passes, Win, 44-14, undated and unidentified publication, at C1 44.17 Newspaper Tom Yorke, 3 Bears Escaped the Redskins, unidentified 150, p. 28 article publication, Dec. 30, 1963 44.19 Newspaper Dave Brady, Redskins Are Up 650% in New Customer 150, p. 30 article Sales, unidentified publication, Jan. 16, 1965 (handwritten) 44.23 Newspaper Bus Ham, Redskins’ Star Out 2 to 4 Weeks, Wash. Post, 145, p. 4 article undated, at C1-C2 44.24 Newspaper Various clippings, undated and unidentified publications 145, pp. 5-8 clippings 44.36 Newspaper Dave Brady, Redskins Play for CYO, Children’s Hospital, 145, p. 21 article Wash. Post, undated 44.43 Newspaper Elizabeth Shelton, Redskins’ Wives Wouldn’t Suit Up, 145, p. 28 photos & WASH. POST, undated article 44.51 Newspaper Lewis F. Atchison, Redskins Trade for Beban, Sign 146, p. 9 article Fischer, EVENING STAR (Wash.), June 14, 1968, copy illegible 44.56 Newspaper Dave Brady, Redskins Count Cash, Not Blessings, Wash. 146, p. 15 article Post, undated 44.58 Newspaper Dave Brady, Redskins May Sign Wooten Today; Center of 146, p. 18 article Browns’ Racial Dispute, WASH. POST, undated 44.60 Newspaper Morris Siegel, Redskins ‘Fine’ With Fellowship, undated 146, p. 23 commentary and unidentified publication 44.66– Newspaper Numerous clippings from articles, undated and/or from 146, pp. 27-34 44.69 articles and unidentified publications, identified by Respondent as clippings dated from 1960 to 1969, and identified as using the “Redskins” in the context of professional football 45.1 Newspaper Two articles, Wash. Post, undated 149, p. 4 articles 45.4– Newspaper Various articles, undated and/or from unidentified 149, pp. 7-12, 45.8, articles publications, identified by Respondent as dated from 14 45.10 1970 to 1979, and identified as using the “Redskins” in the context of professional football 46.3 Newspaper Paul Attner, Miller Gives Redskins Glimpse of Long149, p. 17 article Range Goals, Wash. Post, undated 46.5 Publication State Police, Redskins Team Up to Fight Crime, undated 149, p. 20 clipping and unidentified publication 172 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 46.7 Publication Redskins Scouting Report, unidentified publication, July 149, p. 22 article 17, 1986 (handwritten) 46.9 Publication Terrey Quindlen, Redskins Tell Pupils to Say ‘No’ to 149, p. 24 article Drugs, undated and unidentified publication 46.10 Newspaper Redskin Tickets Among Auction Prizes, Wash. Times, 149, p. 25 article undated 47.1 Newspaper Dave Bay, Redskins Fade at the Finish, Wash. Times, 149, p. 26 article undated, at C1 47.4 Newspaper Richard Tapscott & Dan Beyers, Schaefer to Fight 149, p. 30 article Redskins Stadium, Wash. Post, undated 47.9 Newspaper Dan Beyers, Redskins Play Stadium Game for Keeps, 149, pp. 36-37 article Wash. Post, undated, at B1, B5 48.1 Newspaper The President [Truman] Gets Annual Pass from Pro 149, p. 39 photo Footballers, undated and unidentified publication 48.2 Newspaper Sports by Ralph Cannon [including photo of Pres. 149, p. 40 article/photo Truman and George Marshall], undated and unidentified publication 48.3 Newspaper Vice President [Nixon] Lauds LeBaron’s Fine Play, 149, p. 41 article undated and unidentified publication 48.4 Newspaper Redskins Added to Nixon’s List, undated and 149, p. 42 article unidentified publication N/A Publication Cooke Dep. Ex. 8: Morris Siegel, Washington’s Unifying 156, pp. 41-42 article Force, undated and unidentified publication PHOTOS (INDEPENDENTLY SUBMITTED) 32 Photos Photos of school entrance and welcome signs displaying 143, pp. 6-7 “Home of the Redskins,” identified as located on a Navaho reservation in northern Ariz. 34 Photo Photo of crossing of “Navajo Trail” and “Redskin Blvd.” 143, pp. 9-10 Statement that roads are on Navajo Indian Reservation in northeast Ariz., taken June 10, 1994 37 Photo Photo of roadside billboard displaying “Round Rock 143, pp. 15-16 Public School Fighting Braves” and back of photo describing location as Round Rock on Navajo Indian Reservation in northeast Ariz, taken June 10, 1994 38 Photo Photo of sigh for “Tuba City High Warriors” with design 143, pp. 17-18 of profile of man’s head with feathers, with back description indicating taken on June 10, 1994, on Navajo Indian Reservation in northeast Ariz. PRESS RELEASES & POSITION STATEMENTS N/A Press release Wash. Redskins undated statement that its name “was 142, p. 11; never intended to offend anyone” and that “the name has reflected positive attributes of the American Indian;” As Cooke Dep. Ex. 10 156, p. 56 173 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Press release Vaughn Dep. Ex. 28: NFL Properties, Inc. press release 158, p. 179 regarding Morning Star Institute, Mar. 15, 1994 REPORTS, INCL. EXPERT PREPARATION MATERIALS 6 Unpublished Expert Disclosure of David K. Barnhart, with cover 129, pp. 4-30; expert report letter, June 8, 1996; As Barnhart Dep. Ex. 3 162, pp. 17-43 9 Unpublished Expert Disclosure of Ronald R. Butters, June 7, 1996; 129, pp. 37-52; expert report As Barnhart Dep. Ex. 5; 162, pp. 65-80; As Butters Dep. Ex. 21, with CV & handwritten notes; 173, pp. 68-92; As Butters Dep. Ex. 23, with CV & handwritten notes 165, pp. 4-28 11 Notes Notes of Ronald R. Butters: Redskin data; 129, pp. 62-66; As Butters Dep. Ex. 7 (part) 167, pp. 4-11 49 Survey Veritas Research, WTOP “Washington Redskins” Name 149, pp. 46-47; questionnaire Survey form for metro area; As Cooke Dep. Ex. 6 (part) 156, pp. 14-15 49 Table results Table showing completed calls to tribal leaders; 149, p. 48; As Cooke Dep. Ex. 6 (part) 156, p. 16 49 Survey Veritas Research, WTOP tribal leader questionnaire 149, p. 49; questionnaire script; As Cooke Dep. Ex. 6 (part) 156, p. 17 49 Survey results WTOP “Redskins” Name Survey results; 149, pp. 50-68; As Cooke Dep. Ex. 6 (part) 156, pp. 18-38 50 Survey results Richard Morin, ‘America’s Team’ Has New Home: 149, pp. 69-70; Washington, Wash. Post, Jan. 17, 1992, featuring Wash. Post Super Bowl Poll; As Cooke Dep. Ex. 23 157, pp. 9-10 58 Unpublished Jacob Jacoby, rebuttal report: Evaluating the June 10, 153, pp. 14-33; expert report 1996 Expert Disclosure of Ivan Ross, Mar. 7, 1997; As Jacoby Dep. Ex. 3, with CV 169, pp. 4-67 61 Notes Notes of Jacob Jacoby regarding phone conversation 151, p. 4; with Richard Maisel on Apr. 1, 1997; As Jacoby Dep. Ex. 6 174, p. 19 63 Notes Ronald Butters, rebuttal commentary: Some Comments 151, pp. 49-56 on Nunberg’s Testimony N/A Unpublished Barnhart Dep. Ex. 4: Expert Disclosure of Geoffrey 162, pp. 44-64 expert report Nunberg, June 10, 1996, & CV, Apr. 1996 N/A Unpublished Barnhart Dep. Ex. 10: Expert Disclosure of Geoffrey 162, pp. 7-28 expert report Nunberg, June 10, 1996, CV, Apr. 1996, & fax transmittal, showing handwritten comments N/A Cover memo Barnhart Dep. Ex. 11: Geoffrey Nunberg, Quantitative 160, pp. 29-34 & summary of data results of database search of terms, June 15, 1996 findings N/A Search result Barnhart Dep. Ex. 12: Lexis/Nexis printout of database 160, pp. 35-239 printouts search results (various of 143,920 results) 174 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. N/A Cover letters Barnhart Dep. Ex. 13: Brian Ellner to David K. 160, pp. 240& search Barnhart, May 13, 1996, & Brian L. Berlandi, Legal 451 result Asst., White & Case, May 23, 1996, both letters with printouts Lexis/Nexis printout of database search results (various of 4,999 results from search as conducted on May 23,1996) N/A Unpublished Barnhart Dep. Ex. 14: Expert Disclosure of Ivan Ross, 160, pp. 452expert report June 10, 1996; 61; As Jacoby Dep. Ex. 2 168, pp. 48-57 N/A Online Butters Dep. Ex. 8: Online files—Redskin(s), with 167, pp. 46-98 printouts handwritten notes N/A Reference Butters Dep. Ex. 10: Deposition Discovered Materials 171, pp. 4-130 materials folder, with handwritten notes N/A Handwritten Butters Dep. Ex. 12 172, pp. 19-22 notes N/A Draft Butters Dep. Ex. 13: Draft No. 1 of Expert Disclosure of 172, pp. 22-33 Ronald R. Butters, June 3, 1996 N/A Draft Butters Dep. Ex. 14: Draft No. 2 of Expert Disclosure of 172, pp. 34-42 Ronald R. Butters, June 3, 1996 N/A Notes Butters Dep. Ex. 15 172, pp. 43-66 N/A Draft Butters Dep. Ex. 16: Preliminary Draft of Expert 172, pp. 67-96 Disclosure of Ronald R. Butters, June 6, 1996 N/A Draft Butters Dep. Ex. 17: Preliminary Draft of Expert 172, pp. 97-128 Disclosure of Ronald R. Butters, June 7, 1996 N/A Database Butters Dep. Ex. 18: Search results of books and articles 173, pp. 4-47 results found on Duke U. library Internet access N/A Listing Butters Dep. Ex. 19: Listing of books in the Duke U. 173, pp. 48-53 from expert’s computer file N/A Unpublished Butters Dep. Ex. 22: Expert Disclosure of Geoffrey 173, pp. 93-107 expert report Nunberg, June 10, 1996 N/A Comments Butters Dep. Ex. 24: Some Comments on Nunberg’s 165, pp. 29-36 Testimony RESOLUTIONS (THIRD-PARTY) SUPPORTING USE OF “REDSKINS” 27 Resolution Inter-Tribal Council, Inc. Resolution (1992), with cover 142, pp. 28-29; letter from Modoc Tribe of Okla., Jan. 16, 1992; (dup) As NR 28.2 142, pp. 32-33 SUPPORT LETTERS INDICATING INDIVIDUAL AUTHORS ARE NATIVE AMERICANS 29.11 Support letter George B. Tsoodle (Kiowa Indian) to Washington 142, p. 59 Redskins, undated N/A Support letter Cooke Dep. Ex. 25 (part): M. Henson (Blackfoot Indian) 157, p. 13 to Sen. Ben Nighthorse Campbell, July 22, 1993 175 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. SUPPORT CORRESPONDENCE INDICATING NATIVE AMERICAN TRIBAL SUPPORT 28.1 Support letter Stan Jones Sr., Chairman, Tulalip Tribes (Wash.), to 142, pp. 30-31 Sen. John McCain, Oct. 30, 1991 28.3 Support letter Robert J. Salgado, Chairman, Soboba Band of Mission 142, p. 34 Indians, to Jack Kent Cooke, Wash. Redskins, Jan. 17, 1992 28.4 Support letter Hollis E. Roberts, Chief, Choctaw Nation of Okla., to 142, pp. 35-36 Charlie Dayton, V.P., Wash. Redskins Communications Dep’t, Jan. 23, 1992 28.5 Support letter Jerry G. Haney, Principal Chief, Seminole Nation of 142, p. 37 Okla., to Jack Kent Cooke, Wash. Redskins, Jan. 23, 1992 28.6 Support letter Stanley G. Jones Sr., Chairman, Tulalip Tribes (Wash.), 142, p. 38 to Redskin Support Comm., Aug. 31, 1992 28.7 Support letter Floyd E. Leonard, Chief of the Miami Tribe of 142, pp. 39-40 Oklahoma, to C. A. Buser, June 21, 1991 28.8 Support letter Merna L. Lewis, V.P., Pima-Maricopa Indian 142, p. 41 Community (Ariz.), to Jo Walter, July 14, 1992 28.9 Support letter Jonathan L. Taylor, Principal Chief, Eastern Band of 142, p. 42 Cherokee Indians, to Jo Walter, July 16, 1992 29.3 Support letter Ronald R. Julian, Council Member, Jicarilla Apache 142, p. 46 Tribe (Dulce, N.M.) to Rick Vaughn, Wash. Redskins, Sept. 8, 1994 29.10 Support fax J. Lisanby, Sioux Indians of Fort Totten, N.D. to Charlie 142, p. 58 Drayton, Redskins Park, Jan. 17, 1992 SUPPORT LETTERS NOT INDICATING AUTHORS ARE NATIVE AMERICANS 29.4 Support letter Philip A. May to Wash. Redskins Dir. Pub. Relations, 142, p. 47 Jan. 27, 1992 29.5 Support letter Robert N. Huey to Jack Kent Cooke, Mar. 29, 1989, with 142, pp. 48-49 with article AP, Indian Band Dislikes Nickname Campaign, Sioux Falls Argus Leader (S.D.), Mar. 23, 1989, attached 29.6 Support letter Billie J. Hipsley to Wash. Redskins, Jan. 13, 1992, with 142, pp. 50-51 with article Mark Holmberg, What’s All the Fuss About ‘Skins, Richmond Times-Dispatch, [no shown date], at C5, attached 29.7 Support letter Louise M. Saylor to Letter to the Editor, Wash. Post, 142, p. 52 Mar. 17, 1992 29.8 Support letter W. J. Bryant to Jack Kent Cooke, undated (date stamped 142, pp. 53-54 “JKC Inc. Feb. 29, 1988”) 29.9 Support letter Ricardo J. Martinez to Jack Kent Cooke, Mar. 21, 1992 142, pp. 55-57 33 Support letter Robert D. Kahn to John Kent Cooke, Nov. 4, 1991 143, p. 8 176 Cancellation No. 92046185 Appendix B – Respondent’s Submissions of its Harjo Notice of Reliance & Supplemental Notice of Reliance (collectively “NR”), Deposition Testimony & Deposition Exhibits NR Entry Type Source TTABVue Ex. Ref. No. 35 Support letter Priscilla J. Fritz to Wash. Post letters to the editor, Sept. 143, pp. 11-12 with photo 2, 1992, with photo “Redskin Motel” indicating taken in Aug. 1992 on Cherokee Indian Reservation attached 36 Support letter Michael John Nisos to Jack Kent Cooke, undated (date 92, pp. 13-14 with photo stamped “JKC Inc. Apr. 28, 1992”), with photo indicating its shows “Redskin” Indian-named movie theater located in Andarko, Okla 51 Support letter Susan Giller to Jack Kent Cooke, May 10, 1993 149, p. 71 N/A Support letter Cooke Dep. Ex. 19: Wilcomb E. Washburn to John Kent 156, pp. 94-102 Cooke, Jr., Dec. 24, 1991, with his typescript of magazine article, attached N/A Support letter Cooke Dep. Ex. 25 (part): Robert Camp Littleton, July 157, p. 14 11, 1993 USPTO APPLICATION SERIAL NO. 74311697 N/A Drawing page Cooke Dep. Ex. 21: Date-stamped and assigned 157, p. 6 application for the mark “REDSKIN REIVEW” & design for use on magazines USPTO REGISTRATIONS (LIVE & CANCELLED) 128, pp. 76-83 1 Registration Six registrations (indicating renewals) at issue; U.S. Certificates Reg. No. 1,343,442 (SKINS for entertainment services in the form of professional football games and exhibitions) (cancelled under § 8) USPTO REGISTRATION—INDIAN HEAD 56 Registration U.S. Registration 578,797 for “INDIAN HEAD” & 153, pp. 10-12 Certificate design, used on corn meal, issued Aug. 18, 1953, 2d renewal issued Aug. 18, 1993 177