Administrator of the Estate of Tasunke Witko, a.k.a. Crazy Horse, Mr.
Seth H. Big Crow, Sr., was very pleased with the recommendation of
Administrative Law Judge Allen E. Giles to the Minnesota Commissioner of
Public Safety for the revocation of "The Original Crazy Horse Malt Liquor"
label registration..
"If the recommendation of Judge Giles is followed by the Commissioner,
then this will mark a major victory for Indian people in the recognition of
our right to equal respect in the protection of our ancestors' names" Big
Crow said upon reading the ruling, in his home on the Rosebud Reservation.
The Minnesota recommendation for revocation, based upon the finding that
the label's use of the name in connection with a malt liquor was "false and
misleading", would follow recent U.S. Patent and Trademark Office rejections
of a trademark registration for the same label because of its disparaging and
contemptuous nature.
"Two years ago, the state of Washington found this label to be
misleading. The PTO has twice found that use of the Crazy Horse name on a
malt liquor is likely to disparage and bring into contempt both the
reputation of Crazy Horse and the Lakota people. Now, this new Minnesota
ruling recognizes Crazy Horse's historic opposition to alcohol and the right
of the heirs of the Estate of Tasunke Witko to control the use of the name
through the withholding of their endorsement. For Indian people, this is an
important recognition of rights taken for granted in the mainstream society,"
according to Robert Gough, attorney for the Estate of Tasunke Witko,
On September 28, 1995, Minnesota Administrative Law Judge, Allen E.
Giles, has recommended that Minnesota Commissioner of Public Safety revoke
the brand label registration of "The Original Crazy Horse Malt Liquor"
pursuant to Minn.Stat. 340A.311(d) (1994).
In his seven page ruling, dated 9/28/95, ALJ Giles concluded that as a
matter of law:
4. 1994 Minnesota Laws chapter 611, section 12, codified as
Minn.Stat. '340A.311(d)(1994), provides as follows:
"The Commissioner shall refuse to register a malt liquor brand label,
and shall revoke the registration of a malt liquor brand label already
registered, if the brand label states or implies in a false or misleading
manner a connectgion with an actual living or dead American Indian leader.
This paragraph does not apply to a brand label registered for the first
time in Minnesota before January 1, 1992."
5. The Crazy Horse Malt Liquor brand label was registered after
January 1, 1992. The Crazy Horse brand label states or implies a connection
to Tasunke Witko, a/k/a Crazy Horse, a deceased American Indian leader.
6. Because Tasunke Witko was opposed to the use of alcoholic
beverages, and because the heirs of his estate have not endorsed and have
specifically disavowed any connection with the Crazy Horse Malt Liquor, the
Crazy Horse Malt Liquor brand label states or implies in a false or
misleading manner a connection to Tasunke Witko a/k/a Crazy Horse, a deceased
American Indian leader.
7. As a result of Conclusions 4, 5 and 6, the Commissioner must
revoke the Crazy Horse brand label.
If the AJL 's recommendation is adopted by the MN Commissioner of Public
Safety, the State of Minnesota will join the State of Washington in
prohibiting the sale of a malt liquor which uses the name of Crazy Horse on
the label without permission and
over the opposition of the descendants of the Crazy Horse family. The malt
liquor is still available in some 40 other states. After the repeal of
federal Prohibition, the U.S. Constitution granted States regulatory power
over the sale and transportation of alcoholic beverages within their borders.
Under tribal law, the descendant family controls the use of their
ancestor's name. Under state and federal law this legal control of the use
of a name for commercial purposes is typically referred to as the right of
publicity. To date, the Estate of Tasunke Witko, which is in probate under
tribal law in the Rosebud Sioux Tribal Court, has successfully encouraged
several states to respect the rights of the Crazy Horse family by the removal
of this false and misleading label from the marketplace, state by state.
The Estate of Tasunke Witko currently seeks information as to other
state laws concerning misappropriation and/or false and misleading labeling,
etc., which may be used effectively to stop the sale of this liquor product
with its misappropriated label. Several other states will be approached to
consider enforcing existing regulations or to adopt regulatory language
similar to that enacted in Minnesota. The Estate seeks assistance (financial
and otherwise, such as local counsel, etc.) from the supporters across the
country in states where future legal efforts are presently under
consideration. The identified states are as follows: AK, AL, AZ, CA, CT, GA,
IN, IL, IO, MA, ME, MI, NH, NJ, NY, OH, OK, PA, RI, TX, VT, and WI.
Any individuals or groups willing to assist in this effort are
encouraged to contact the attorney for the Estate, at rpgough@aol, or P.O.
Box 25, Rosebud, South Dakota 57570.