Thursday, December 10, 2015

9th Circuit: Shingle Springs Miwok Man Prevails over Red Hawk Casino Tribe


Caught up in the holidays, we missed this stunning victory by Cesar Caballero in his fight for justice with the Shingle Springs Band of Miwok

The district court previously granted summary judgment to the Tribe on those claims that Caballero infringed on their trademarks and permanently enjoined Caballero from using the marks in any way.  On appeal, the 9th Circuit DISAGREES.  The TRIBE did NOT meet the burden. A great example of NEVER GIVING UP...


There is no evidence in the record — not even in Caballero’s brief exchange with the Tribe’s
counsel at his deposition — that Caballero intended to profit by using the domain names involving the Tribal Marks or the domain names involving the Red Hawk Casino Mark, either in the traditional sense or as exerting pressure on the Tribe to gain an advantage in a business dispute. The Tribe therefore has failed to provide sufficient evidence on this statutory element of its claims for cybersquatting.3

Whether the parties may be permitted to supplement the record and filea dditional motions for summary judgment, as to both the trademark and cybersquatting claims, are matters that we leave to the district court’s discretion on remand.

REVERSED AND REMANDED.

See the court case here: Shingle Springs Band of MIWOK vs. Cesar Caballero 

3 comments:

Anonymous said...

little victories are better than none.

Anonymous said...

www.realmiwoktribe.com/trademark-case
El Dorado County Wopumnes Nisenan-Mewuk Nation as Intervenors
Trademark case. What's in a name?
SSBMI v Caballero Federal Case No: 2:08-CV-03133-KJM-AC
"YOU ARE HEREBY NOTIFIED THAT on August 24, 2018, at 10:00 a.m., in Courtroom 3, on the 15th floor of the United States Courthouse located at 501 I Street, in Sacramento, California, the prospective third party­ complainants WOPUMNES NISENAN­-MEWUK NATION (hereinafter “Mewuks”) will move this Court for order permitting their intervention in the above lawsuit. This motion is brought pursuant to F.R.Civ.P. Rule 24 and is based on this Notice and Motion, the Memorandum of Points and Authorities filed herewith, the Declaration of Erin Young, the court’s file in this case, and any witness testimony that may be heard by the Court."

cherlyn said...

I personally know Mr.Caballero and he's always proven himself to be a self serving,monetary seeking egomaniacal individual. There is very little about him that is Native.He is a taker and exploits the Native Peoples most vulnerable individuals. It is a sad situation. This is and has always been my personal account of Cesar Caballero.