| The owner of Shinnecock Smoke Shop lost trademark appeal |
| Written by DKD Trade , Tuesday, 07 July 2009 | |
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Jonathan K. Smith,the owner of Shinnecock Smoke Shop tried to trademark the terms "Shinnecock Brand Full Flavor" and "Shinnecock Brand Lights". Because the marks also included the phrase "made under sovereign authority",the trademark attorney refused to register the marks. Jonathan Smith,then appealed to the Trademark Trial and Appeal Board,which also rejected to register its trademark,because they said the marks falsely suggested a connection with the non-sponsoring Shinnecock Indian Nation. The U.S. code protects against marks that "falsely suggest a connection with persons,living or dead,institutions,beliefs or national symbols." Because Jonathan Smith knows about the U.S. Code,he affirmed that Shinnecock Indian Nation is not an "institution". Judge Clevenger wrote that "Here,the ordinary meaning of insitution suggests the term is broad enough to include a self-governing Indian nation. Therefore,they also refused to register the two trademarks. You can see the decision here: http://www.cafc.uscourts.gov/opinions/09-1100.pdf |