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Disparaging Trademarks and the Constitutionality of Refusing Registration Under the Lanham Act

Disparaging trademarks have been the subject of vocal debate for over twenty years, but this debate has come to a head recently over the cancellation of the registration of the infamous "Redskins" trademarks belonging to the...more

Captain Obvious Makes Landmark Ruling: Texas Hold ‘Em Is Poker

Texas Hold ‘Em is poker. This probably doesn’t come as a surprise to most, but the pronouncement was a serious disappointment to an Idaho casino. The Ninth Circuit U.S. Court of Appeals ruled this week that the Coeur d’Alene...more

Alert: Federal Court Upholds Cancellation of REDSKINS Trademark Registration

On July 8, 2015, a federal district court in Virginia upheld a ruling canceling six federal trademark registrations incorporating the term REDSKINS owned by the Washington, D.C. football team. The court agreed with the...more

Lawyer Who Started Fight Over "R-Word" Mascot Awaits Decision

About a quarter century ago, Steve Baird — at the time, a freshly minted graduate of the University of Iowa law school clerking for a federal judge in Washington, D.C. — was spending most of his free weekends working on an...more

Gaming Legal News: Volume 8, Number 9

SHOULD THERE BE A “LEGISLATIVE SOLUTION” TO DISPUTED INDIAN TRUST APPLICATIONS? Recent actions in Arizona and Indiana suggest that there is a new approach to local government opposition to Indian tribal applications for...more

Gaming Legal News: Volume 8, Number 5: North Fork Tribe Sues State For Compact In Latest Chapter Of Gaming Saga

By the summer of 2014, it appeared that the North Fork Rancheria of Mono Indians of California had finally made it over the last hurdle to begin construction of a Class III casino with 2,000 slot machines and 40 gaming tables...more

Gaming Legal News - Volume 8 Number 1: Idaho Tribes And Community Leaders Seek To Limit "Instant Racing" Gaming Machines

A popular and profitable form of gaming has sparked a controversy in Idaho between the state’s Indian tribes and horse racetracks. "Instant Racing" video slot machines replay the last seconds of horse races run in the past,...more

The US Department of Justice Seeks to Intervene in the Washington Redskins’ Trademark Suit to Defend the Constitutionality of the...

The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the...more

Federal Court Limits Tribe’s, Secretary’s Options When States Balk at Gaming Compact

A federal district court in New Mexico has issued a decision finding that the U.S. Department of the Interior’s regulations permitting the Secretary of the Interior to adopt Class III gaming procedures for a tribe lacking a...more

Governor Brown Is Not CEQA “Public Agency,” Holds Third District In Indian Casino Case

In a published decision filed September 24, 2014, the Third District Court of Appeal (per Justice Robie) held that CEQA’s definition of a “public agency” that is subject to its requirements (see Pub. Resources Code, § 21063)...more

Indian Country Awaits 9th Circuit’s En Banc Rehearing in Big Lagoon Case

In January, a split 9th Circuit panel shocked Indian Country with its holding in Big Lagoon Rancheria v. California that the State’s failure to negotiate in good faith for a tribal-state gaming compact with the Big Lagoon...more

Recent Supreme Court Decision Bars State from Suing Tribe Seeking to Operate an Illegal Off-Reservation Casino

On May 27, 2014, the Supreme Court ruled that under the Indian Gaming Regulatory Act (IGRA), states may only sue to enjoin a tribe from conducting class III gaming “on Indian lands.” Michigan v. Bay Mills Indian Cmty., 2014...more

Tribe Files Suit to Block California Compact Referendum

The landmark ballot referendum proposing to reverse the California Legislature’s ratification of two off-reservation tribal casinos is being challenged in state court litigation seeking to block the referendum from appearing...more

Gaming Legal News - June 26, 2013 • Volume 6, Number 14

In This Issue: - TRIBAL MEMBERSHIP REVOCATIONS: DIALING FOR DOLLARS? Over the past several years, there have been a series of publicized tribal enrollment revocations of enrolled members – including former...more

Amending the Oklahoma model Tribal Gaming Compact

The recent “settlement agreement” between the Cheyenne-Arapaho Tribes and the Governor of Oklahoma (Exhibit A hereto) has revived interest in amendment of the terms of the Model Tribal Gaming Compact (the “Compact”) (Exhibit...more

California Reintroduces Bill to Legalize Sports Betting

For the second year in a row, the California State Legislature will consider Senate Bill 190 to legalize sports betting within the state. Last year’s Senate Bill 1390 passed in the California State Senate, but stalled in...more

Life After Patchak: What Does It Mean For Tribal Gaming in California?

Originally published in Riverside Lawyer, October 2012. The tribal gaming industry received a blow from the United States Supreme Court right before the high court ended its session for the summer. Whether the blow is...more

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