FROM THE ARCHIVE

Mohegan Tribe loses appeal to rival group

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FEBRUARY 14, 2001

In a case with roots dating back three decades, the Connecticut State Supreme Court on Tuesday ruled that the Mohegan Tribe of Connecticut cannot prevent a rival group from calling themselves "Mohegan."

The Mohegan Tribe, based in Montville, brought suit against their opponents several years ago and claimed exclusive rights to the terms "Mohegan" and "Mohegan Tribe." They argued that the use of the terms by the other group violated trademark law.

But the court disagreed. Upholding a decision made in 1998, the court yesterday unanimously ruled that the terms weren't protected and that the Mohegan Tribe failed to show they were being harmed financially or culturally by the rival group.

"[T]he terms ‘Mohegan’ and ‘Mohegan Tribe’ are generic and, consequently . . . they are not entitled to trade-mark protection," said the court.

Trademark law wasn't the only issue considered by the court. Since the Mohegan Tribe admitted their rivals could in fact be recognized as legitimate descendants of the historic Mohegan Tribe, the court said anyone could rightfully call themselves "Mohegan."

The rival group is indeed hoping to be recognized by the federal government. Based in Norwich, the group filed its petition for federal recognition in 1992 and wants to be placed on the "active" list by the Bureau of Indian Affairs.

They might have to wait a bit longer, however. At least 10 other groups are ahead of petitioner #126, otherwise known as the Mohegan Tribe and Nation, Inc.

Meanwhile, the group has filed suit against the their Montville neighbors. The group claims the Mohegan Tribe wrongfully excluded them when it filed for federal recognition and are asking a federal court to award them money from the profits of the financially successful Mohegan Sun casino.

In response, the Mohegan Tribe says the lawsuit has no merit and says all legitimate Mohegan descendants were included when they successfully gained recognition in 1994. Although they acknowledge that the late John Hamilton -- the man who left in 1970 to form the Mohegan Tribe and Nation -- was Mohegan, they say his followers are not.

They denied membership to Moigu Standing Bear, the group's current leader. The group recently changed its name to "Native American Mohegans."

The Mohegan Tribal Council doesn't plan on appealing yesterday's decision. Standing Bear could not be reached for comment.

Get the Decision:
Mohegan Tribe of Indians of Connecticut v. Mohegan Tribe & Nation, Inc (Conn Sup Ct SC16166. February 2001)

Relevant Links:
Trademark Law - www.law.cornell.edu/topics/trademark.htm
Mohegan Sun - www.mohegansun.com