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U should share royalties with Ute tribe

By John Stafford

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Published: Thursday, November 5, 2009

Updated: Thursday, November 5, 2009

At the U, we take pride in the nomenclature that represents our esteemed institution: the Utes. We wear the name on clothing, identify ourselves with it and decree the superiority—in every fathomable realm—of our mighty Utes to the lowly Cougars. Some would assume that an institution such as the U would stand in solidarity with the people whose name has become our own.

Although appropriation of the Ute name has helped the U garner a great deal of revenue via merchandising, the tribe has not received its rightful cut. A modest share of the tribe’s deserved royalties would prove integral in the betterment of some of our nation’s most marginalized people.

The U has made the Ute name a trademark. Royalties from trademarks are commonly expressed as a percentage of sales or a fixed fee per units sold. This is just the sort of compensation that director of the Utah Division of Indian Affairs and Ute tribe member Forrest Cuch would like to see. Although Cuch described the overall relationship between the U and the Ute tribe in positive terms, he said he would like to see a 1 percent royalty on all Ute merchandise for continued use of the name.

e spoke of the benefits the U has received from the name and said, “(The Ute tribe has) not benefited, our students have not benefited. If you’re going to be the flagship for our tribe, we want our share of the benefits.”

Aside from sharing royalties, another benefit could be an improved outreach to incoming American Indian students who are faced with societal differences.

acia Holliday, an American Indian student in English, said she didn’t pass a test for acceptance into a Writing 2010 course because the way she had been brought up to express herself “was not recognized by the U’s academic standards.” She said she felt “embarrassed and ashamed” because the way she had been taught to communicate “was not valid in the eyes of the administration.” Holliday received help from a volunteer who was familiar with indigenous communication. Holliday was eventually accepted into the class after the volunteer testified on her behalf. She ended up posting the highest grade in the class for that semester.

Unfortunately, the cultural barrier faced by many American Indians is often insurmountable. American Indian communities, especially those on reservations, often have the highest rates of poverty, alcoholism and high school dropouts in the nation. Through increased cultural counseling and provision of the Ute tribe’s deserved royalties, the U can play an integral role in the development of young American Indians, their communities and society as a whole.

uch as the successful American Indian Teacher Training program, which trained American Indian students to teach in their communities—from 2003 to 2008, the program graduated or will graduate 39 American Indian students from the College of Education, compared with only 14 from 1979 to 2002, according to the Coalition to Protect American Indian Education Rights—were cut. This show that the U needs to reiterate its commitment to American Indians. Until then, our connection with the indigenous community will merely be superficial.

letters@chronicle.utah.edu
 

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14 comments

Your name
Thu Dec 17 2009 13:15
Wow... thanks for this article and the comments provided. I am an enrolled tribal member of the Ute tribe and I had attended the University of Utah. I was born and raised on the Ute Mountain Ute tribe. The tribe provided students with various trips to visit the U's campus and paid for programs that U provided. Since the American Indian Outreach Program in... 04' I wanted to attend the University of Utah (to.. be a Runnin' Ute) I had felt proud that the University of Utah used our name. (without ever attending a basketball/football game) I was admitted during the second half of my freshman year to participate in the American Indian Outreach Program...which after I transferred... moved.. and the tribe paid for my tuition... I was told that the program would be no more... Hmm... Where is the commitment that the U has toward the Native American students? Toward the UTE students? Cowboy Joe comments .."You don't need any more "diversity" requirements in classes and enrollment at the U..." well Joe.. the Native pop. only accounts for less than one percent... And I was one of TWO...TWO!!! Ute students at the University of Utah! And I wasn't offered any scholarships... or financial support. Bottom line... the U needs to live up to the contract that they had signed with the Northern Ute Tribe and provided support for ALL Ute students and American Indian Students... and staff. And I know that some people agrue that the two other Ute tribes should receive royaltiies.. Well, the UTE TRIBE consist of three sister tribes .. Northern Ute.. Ute Mountain Ute and Southern Ute.. And part of the Ute Mountain Ute tribe lies within Utah (Whitemesa) ... oh and UTE UTE UTE doesnt pertain to one part of the tribe.. it should be with all...
in agreement
Sat Dec 5 2009 10:42
I totally agree with "Why not?", "The Real Deal" on the idea of giving back to the people we stole from. It's the right thing to do.
Show me the money
Fri Dec 4 2009 14:27
A follow-up on exactly how much money is made from sales of merchandise (Campus Bookstore), request for trademark license by private vendors (i.e. Ben & Jerry's ice cream, etc..), athletic game ticket sales (Athletic Department), Food Vendors at Rice-Eccles Stadium & Huntsman Center, Vendors obtaining license from University Union, and the Mandatory "Semester" Student Athletic Fee paid by all students (students pay their tuition by private funds, pell grant, perkins loans, unsubsidized and subsidized student loans) is needed. This information would be very helpful for the Ute Nations in seeing the actual dollar amount that helps pay for Kyle Whittingham's salary (by the way is ridiculous).
Your name
Fri Dec 4 2009 14:18
The U claims to have "leaders" but yet with this issue...no one has stepped up.
The Real Deal
Fri Dec 4 2009 14:10
As their European counterparts, thousands of Anglo students, faculty, staff and community members want to be American Indians on the campus of the University of Utah. Yet they lack the heart to truly be a Nuche'. The day will come when all the fanfare will end and they will be asked "How did you serve your brother? Did you do all you could do to help your brother succeed in the world you created? Why did you not share equally with what you earned? Why were you so bitter? Did you follow in my footsteps to love one another?". The Ute Tribal Nations were dispersed and relocated to desolate lands at the request of a group of people that invaded Wah'saat'ch. By U.S. military gun point, the Ute Nations were removed from the newly named "Salt Lake Valley". Overdevelopment, uncontrolled waste of water and riddled with over 1,200 dumpsites...it is now a wasteland. The sky is yellow with sulfur...a huge pit in the earth can be seen from outer space. The Ute people would have never let the land and air get this polluted. Overpopulation, murders, suicides, use of illict drugs, use of prescription drugs, and unplanned pregnancies are examples of the daily issues the 17 cities of Salt Lake County are dealing with. "The 1st residents of the Salt Lake Valley were natives known as the "desert gatherers" of the "fremont indians" [named by anthropologist & archaeologist however the native people have their own names for their ancestors]. They were followed by Shoshonean tribes, such as the Shoshone, Paiute, Goshute and Ute who were living in the valley when the Mormon pioneers arrived in 1874 to establish a religious settlement" (The information was found on Salt Lake County's website). As for "royalities", because we are dealing with two Sovereign nations - State of Utah's Higher Education Department and the three Ute Nations: Northern Ute, Ute Mountain Ute and Southern Ute (all have ancestral beginnings in what is now known as the State of Utah) MUST set up a legally binding year-to-year contract and needs to agreed upon prior to any more usage of the UTE and LADY UTE trademark names and symbols -the block U and drum & feather (The name "UTAH" cannot be trademarked). Each year, all commitments the University of Utah's Athletic department has contracted to do (i.e., conduct summer youth athletic camps on the 3 UTE Nations such as football, basketball, soccer, gymnastics, baseball, softball, swimming, and Coach's clinics) should be evaluated and the contract will be reviewed to ensure compliance with a Memorandum of Understanding. A private scholarship fund (funds would come from public donations aka "ticket sales" from athletic games) for the UTE Nations can be used for UTE students in addition to any American Indian student group on campus (ITSA, AISES, AILS, AIBL) thus being in compliance with state & federal guidelines regarding "race based scholarships" (private scholarships are not subject to state and federal law). The Campus bookstore administers the Trademark through the U.S. Trademark and Patent Office (USTPO) so their office would be heavily involved as well as Chris Hill's office (Athletics). Here is the primary list of all parties that should be involved in the 1st contract: The Board of Regent's, Northern Ute Tribal Business Council, Ute Mountain Ute Economic Development office, Southern Ute Business Office, UofU Athletic Administration, and UofU Campus Bookstore. IF the Ute Tribes would like to include an "Educational component" to the agreement then a separate committee needs to be formed in order to ensure all educational objectives are met according to the "No Child Left Behind Act." This group would consist of the Northern Ute Tribal Education Department, Ute Mountain Ute Tribal Education Department, Southern Ute Tribal Education Department, Utah Board of Regents, State of Utah Education Department (do not include the State Office of Indian Education), and the U.S. Department of Indian Education. The MOU would ensure UTE students (american indian) receive funding at the post-secondary level (much like the Seminole Nation & Florida State University have set up), American Indian teachers can receive training or go to conferences, provide after-school tutoring at the various elementary, junior high and high schools on the Ute Tribal Nations (Fort Duchesne, UT; Towaoc, CO; Ignancio, CO), and summer school presentations by University Professors in the following fields: Medicine, Engineering, Science, Technology, Business, Education, and Art. Real progress should include the "real players" in the game...not people who are trying to get ahead in the academia field (i.e. non-native professors or non-native faculty members trying to increase published articles for their C.V.).
Why not?
Thu Dec 3 2009 15:41
As an alum of the U, I agree with "Fair Share". I have always thought it is completely reasonable and fair to share some of the profit if the school insists on using a group's name as an athletic "nickname". I also think the U athletics teams should consider sharing their talents and knowledge by providing service to the Ute tribal community. Why can't they volunteer to put on an athletic camp for Ute youth? This would truly demonstrate the university's commitment to the tribe and would be honorable on the U's part.
Re: Joe's comment
Thu Dec 3 2009 15:32
Interesting thought (“I think there would need to be actually some real native american Ute players on every Ute sports team, for any royalties to be paid.”) however, this is not necessarily how royalties work. John’s idea (re: royalties) is a good one (although a bit conservative in my own opinion) and could work! For examples of a successful “honorable” relationship between an American Indian tribe and a university you don’t have to look any further than Florida State University (Seminoles!!).
For Cowboy Joe
Thu Dec 3 2009 15:27
I can see you’re still learning but before you make a statement such as this again (“Quit taking special educational subsidies and scholarships based on race”) I encourage you to familiarize yourself with a body of work known as “Federal Indian Policy”. You have to know the law before you can make a statement as loaded as yours. Just to help you out a bit (think of it as the “Reader’s Digest” version of the most important thing you need to know)—American Indians, according to federal policy, are the ONLY group classified as primarily a POLITICAL (not racial) group (only under other very specific circumstances are American Indians also considered as a “racial” group). Under this classification and under a set of federally recognized (i.e. legally protected) policies—the U.S. has agreed to provide certain services to American Indians. One of those promised services is, you guessed it, education. Thus your statement becomes problematic on multiple levels. Good luck with your studies and keep learning! :)
Jared Walking Eagle
Fri Nov 13 2009 03:16
Indigenous America is the most glaring crack in America's self-image; the irritating reminder of that original sin; the blatant contradiction of our hallowed idylls regarding both freedom and equality. It simply cannot be reconciled. American Indians are not seen in a modern context, but rather as the tragic, romanticized figures of of a bygone era--the sage shadows of the American frontier. To portray us in a modern context is to radical to fathom. I wonder why...

j eng (i.e. anonymous), I'd suggest an ethnic studies course.

Cowboy Joe (i.e. anonymous), American Indians possess a unique POLITICAL status--not racial. We're extra-constitutional domestic dependents. Had the U.S. government honored a SINGLE treaty, I doubt this would be an issue. There would be no need to "honor" us by the commodification of our imagery and names.

Your ANONYMOUS comments smack of hubris and naïveté. EDUCATE YOURSELVES WHILE YOU'RE HERE.

Jeff
Sun Nov 8 2009 02:23
If this is the case, I should get royalties from all the schools that have "Saxons" as their mascot. I guess the gays could also sue the university of hawaii for using the "rainbow warriors" as their mascot....
Kappen
Thu Nov 5 2009 14:43
I feel torn inside over this -- I'm not sure how I feel. I'm not sure royalties is the right way, as the value (which money it is) doesn't come from the name Ute. Would a rose by any other name..? At the same time, I realize the effects of poverty and the cycle etc. I would feel better about greater participation from the Tribe so as to end the cycle. However, the greater participation (mediated thru scholarships or etc) should come about from the other side, not from the name. While he talks about trademarks, I would be interested to read a follow-up about the practices of trademarks in other institutions (other schools, sports teams, or etc).

Overall a very interesting article. Thank you!

P.S. After reading the comments, it seems j eng and Cowboy Joe are very emotionally involved, almost vitriolic about the issue. I'm surprised how they derived a complaining (".. stop complaining about them and deal with it like everyone else...") from this article. Mr Joe, contrived the following, ("Quit whining about the U of U using the name ..."). Who are you talking to, and what about? I think both of you are slaying a personal political dragon, but I'm not sure the dragon is going to die.. (on a normative note: it shouldn't die!)

Fair share
Thu Nov 5 2009 12:38
Good piece, John. I absolutely agree that the tribe should see royalties for use of the name. As you note, Native American tribes continue to be some of the poorest Americans and have many barriers to good education. An influx of more dollars would go far, and as the U is essentially "licensed" to use their name, they deserve a share of the benefits of that. The many caucasian "proud Utes" who have attended this university should see the fairness in that.
j eng
Thu Nov 5 2009 12:19
How is the U "the Flagship" of the Ute tribe, so we use their name for our mascott, how does that make us "the Flagship"? And I don't buy the whole "Cultural Barrier" thing native americans keep trying to push. As an engineering student i'm surrounded by students that are natively from India, Pakistan, Asia, and everywhere else, yet even these students from other countries seem to be flourishing at the U. I'm sick of the "poor me" attitude. Yes, you may face some hurdles, but stop complaining about them and deal with it like everyone else seems to be doing. I would rather the U drop the "Ute" mascott altogether than constantly be involved in a battle to make amends with the Ute tribe that unfortunetely like so many other native American tribes has played into looking for money for nothing instead of earning it. Stop trying to make us feel bad because we use your tribe name as a mascott, you should feel honored that such an awesome school uses your name. Our tax dollars have been going to tribes for years and no matter how much they get they are never happy, always looking for more ways to get it for doing nothing.
Cowboy Joe
Thu Nov 5 2009 11:23
I think the Utes should only get royalties, if they do all of the following:
1 - Quit whining about the U of U using the name, mascots, images, etc of "Utes". Remember, emulation means someboby actually likes something about you, or something you do.
2 - Quit taking special educational subsidies and scholarships based on race. Remember, these were set up as restitution for past wrong choices by the government long before they were ever born. I think this has gone on long enough, and non of the living Utes were alive when the past government actions removed them from their lands.
3 - I think there would need to be actually some real native american Ute players on every Ute sports team, for any royalties to be paid.
4 - You don't need any more "diversity" requirement in classes and enrollment at the U of U, if it becomes an actual "Ute" native american university.
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