And now:Ish <[EMAIL PROTECTED]> writes:

>Priority: Normal
>To: "ishgooda" <[EMAIL PROTECTED]>
>From: "KOLA International Campaign Office" <[EMAIL PROTECTED]>
>Subject: Fw: "crazyhorse.com"
>Date: Mon, 28 Dec 98 20:03:51 PST
>
>Forwarded with permission from the author.
>
>----------
>Date: Sunday 27 December 1998 10:59:41
>From: [EMAIL PROTECTED]
>To: [EMAIL PROTECTED]
>Subject: Re: "crazyhorse.com"
>
>Greetings friends:
>
>I have forwarded your messages regarding the "Crazyhorse.com" site
>to the Crazy Horse Defense Project in St.Paul, Mn ([EMAIL PROTECTED]),
>which was organized to help in the defense of the name as used by the
>Arizona Iced Tea company which makes "The Original Crazy Horse
>malt liquor".   The Defense Project has coordinated the various national 
>grassroot campaigns and boycotts against the various products of the
>AriZona Beverage Company, including the teas and malt liquor.  It appears
>that products of Messr. Ferolito and Vultaggio have been loosing market 
>share in an expanding market.  Although sleeze marketers enjoy (and seek 
>out) any kind of publicity, Boycotts do work.
>
>As the attorney  for the Estate of Tasunke Witko (Crazy Horse) widespread
>interest in protecting his name is greatly appreciated.  I have also cc'd my
>partner on the malt liquor case, Stuart Kaler, of this matter.
>
>The porno internet sites seem to be an outgrowth of the "gentlemen's clubs"
>which have also used that name.  Legally, in the U.S., the rights to the use
>of a person's name depends on several factors, such as whether local law
>recognizes any rights regarding the commercial appropriaton of names,
>images, or other indicators of a person, i.e., "persona" and if such rights
>are recognized, whether they survive the death of the individual.  Where
>recognized, these rights are usually viewed as inheritable property rights.
>
>The Estate of Tasunke Witko, has demonstrated that such rights are a
>matter of Lakota law, after five years of litigation trying the malt liquor
>companies in  tribal court.  Although the 8th circuit court took away tribal
>court jurisdiction on the Estate's case against brewers who never sold or
>manufactured on the reservation, the merits of the case remain strong in 
>favor of the Estate.  Both the tribal trial and supreme courts recognized
>Lakota law in favor of protecting the family's rights to control the use of
>the name.
>
>The Estate is presently involved the next steps in that legal battle ... 
>Stay tuned.
>
>On Friday, the 13th of November 1998, a petition was filed by the Estate 
>with the BIA superintendent under the "bad men clause" of the Treaty of 
>Fort Laramie of  1868, which authorizes the U.S. government to proceed 
>against any "bad men among the whites" or otherwise subject to the laws 
>of the United States who commit any wrong against an Indian person or
>his property.  Upon proof of the wrong, the government is then authorized
>to arrest and  punish the offender, and reimburse the Indian.  Check out 
>the treaty text in Article 1 for the complete language of the paragraph.
>
>This petition is presently making its way to DC.
>

>As to the porno site, it would seem necessary to establish that the words
>used in the site name are an actually reference to the name Tasunke Witko,
>the man.  While that would seem to obvious, there must be other indicators
>in the site associating the words "crazy" and "horse" to the name of the 
>person called  "Crazy Horse", and not just an image of a loco mustang!!  We
>(many local folks in South Dakota and the northwest Iowa) have successfully
>opposed the locating of a "gentlemen's club" in Iowa using that name in 1997.
>
>Any detailed information with regard to the above references would be most
>helpful in opposing this site.
>
>Bob Gough
>[EMAIL PROTECTED]
>
>----end forwarded message----
>
>
><+>=<+>=<+>=<+>=<+>=<+>=<+>=<+>=<+>=<+>=<+>=<+>
>In accordance with Title 17 U.S.C. section 107, this
>material is distributed without profit or payment to those
>who have expressed a prior interest in receiving this
>information for non-profit research and educational
>purposes only.
><+>=<+>=<+>=<+>=<+>=<+>=<+>=<+>=<+>=<+>=<+>=<+>
>"Injustice Anywhere is a Threat to Justice Everywhere"
>FREE LEONARD PELTIER!!!
>FREE WOLVERINE!!!
>NO SCOPES ON MT. GRAHAM!!!
> 

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