Trademark case. What's in a name?
SSBMI v Caballero Federal Case No: 2:08-CV-03133-KJM-AC
Case hearing for 9/19/2018, District Judge Kimberly J. Mueller to be reset.
Notice of Electronic Filing
Case Name:Shingle Springs Band of Miwok Indians v. Caballero
"YOU ARE HEREBY NOTIFIED THAT ****[RESET SEE ABOVE]****, 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."
We are requesting the court return our "Trademark" Indian Entity Name back to us. The Wopumnes have "First Use Anywhere", "Common Use" and "Prior Use" reference, "First Use in Commerce" and Indian Arts and Crafts Act "lineal descendancy chain of custody" of the string identifier "Shingle Springs Digger Indians", "Shingle Springs Mewuks", "Shingle Springs Indians", "El Dorado Indians", "Shingle Springs Rancheria Indians", "Shingle Springs Indians of California" and cannot be barred from using their historic Indian Entity Identifier by the Verona Band who currently runs the Redhawk Casino:
This 1870 Sacramento Daily Union article is the earliest found public record newspaper evidence describing the "Shingle Springs Diggers" or "Shingle Springs Indians" lead by the El Dorado County foothill Shingle Springs, Nisenan, Chief Charley.
Historically the Wopumnes has been known by many names with the earliest evidence as an Indian Entity, Distinct Community, Political Influence (acting as a Tribe), Government, Membership and Territory exhibited in this one article. The Indian Village "Shingle Springs", the ethno-linguistic identifier Mewuk or"Digger Indians" and "Chief Charley" (Nisenan Indian, Charley Padilla of Shingle Springs) calling Indians from a radius of many miles to a Pow-wow, Fandango and a speech to be given after.
"Indians Tribes of County to take Warpath", Mt. Democrat Oct. 1928: Lineal Descendancy. This article also fulfills Evidence of continuous residency, Indian community, continuous government to government relations. "Shingle Springs Reservation" was also known as "Greenstone Reservation". The El Dorado County "Digger Tribe" lead by Charles R. Padilla.
1935 Indian Re-organization Act: First Use Officially as by Congressional Act. Federal Recognition of the El Dorado County resident Shingle Springs Mewuk Indians (the Wopumnes). Again lead by the Charles R. Padilla family of Nisenan-Mewuk Indians of El Dorado County, Shingle Springs.
1955 Senate Bill 115: report Shingle Springs occupied by El Dorado County Mewuk Indian, IRA Voter, Herbert Padilla with Tribal Funds on deposit of $300. Use in Commerce, Government to Government Relationship, a supporting example.
2003 El Dorado County Board of Supervisors Statement from EDC Government website: The Sutter County Verona Band has no historic relationship with El Dorado County (Fonseca and Cuellar's Group). Apparently the BIA FOIA response to the Supervisors did not include records about the El Dorado Indigenous occupying the Shingle Springs land for the last 167 years.
April 28, 2005, Mt. Democrat: the Sutter County Verona Band boldly puts up a billboard on Highway 50 stating they have been present in
El Dorado County since 1000 B.C. The Chair of the El Dorado Rancheria (the terminated branch of the historic EDC Tribe) fires back and demands Sutter County Verona Band Chair, Fonseca, take the billboard down. Evidence of Verona Band usurping and infringing on El Dorado Native name and history for the purpose of confusing the public and building a casino. This is only one example of articles and many letters to the Mt. Democrat Editor by this El Dorado Miwok protecting their "Shingle Springs Indian History".
Filing Date January 8, 2009, USPTO Filing Serial Number: 77645341,
by Cesar Caballero, "Constructive Notice" on behalf of the historic Shingle Springs Miwok Tribe of El Dorado County...the Wopumnes. The Wopumnes have been known as "Shingle Springs Indians" including the "Digger Indians of Shingle Springs" in various forms since 1870 (110 years before the Verona Band TOOK the name in 1980).
USPTO Word Mark 77645341: "Shingle Springs Band of Miwok Indians"
October 2008, Cease and Desist Letter from the Sutter County Sacramento-Verona Band to Cesar Caballero was acting to protect his El Dorado historic tribe, filed for the "business license" in EDC to protect the Wopumnes Nisenan-Mewuk Tribal History (Note: Verona Band on USPTO website claims their first use was 2003 and can not show historic use over a 150 year period.):
December 12, 2012, Declaration of Nicholas Fonseca: The Sutter County Verona Band of Homeless Indians took on the name "Shingle Springs Band of Miwok Indians" in 1980 and is unable to describe previous usage history, in any form, to the name and El Dorado County. Fonseca's group is not lineal descendants to El Dorado County Indigenous artifacts, history and sacred sites. Their sacred sites are in Sutter County and Hawaii. The Wopumnes have been known as "Shingle Springs Indians" in various forms since at least 1870 (110 years before the Verona Band TOOK the name in 1980).
Who is the
Real Miwok Tribe
of El Dorado County?