Arkansas Democrat-Gazette

End tribal names’ misuse

- By Angela R. Riley, Sonia K. Katyal and Rachel Lim The Washington Post Angela R. Riley is a professor of law at UCLA. Sonia K. Katyal is a professor of law at the University of California at Berkeley. Rachel Lim is a doctoral candidate at UC-Berkeley.

Last week, the chief executive for the parent company of Jeep signaled an openness to granting the Cherokee Nation’s request to change the name of the company’s popular SUV. Even this modest gesture represents a shift. When Jeep revived the then-dormant Cherokee brand back in 2014, it never even bothered to contact the Cherokee Nation — and its first response to the request to drop the Cherokee name was to praise itself for choosing names that “celebrate Native American people for their nobility, prowess, and pride.”

Jeep is not alone. Legions of Native American-oriented brands crowd the marketplac­e — and exploit tribal names to market products that have nothing to do with the communitie­s with which they are associated. Apple named an operating system Mojave. North Face sells Chilkat insulated boots. The Apache Software Foundation maintains an open-source web server. Yakima makes roof racks. In each case, non-Indigenous entities benefit financiall­y from the brand identity provided by Indigenous terms and names.

Defenders of this appropriat­ion often portray it as a tribute to American Indians. But as Cherokee Nation Principal Chief Chuck Hoskin Jr. noted, “it does not honor us by having our name plastered on the side of a car.”

Native trademarks are particular­ly fraught because they cannot be disentangl­ed from the harrowing history of mistreatme­nt and land dispossess­ion in the United States. Over the years, non-Indians have co-opted Indian culture and identity as a distinctly American phenomenon. The practice of generation­s of American children playing “cowboys and Indians” is one facile example. Native trademarks are its legacy.

The reach of powerful brands — and the campaigns associated with them — can overpower the voices of tribes and people themselves. By removing tribal names from their histories, contexts and cultures, they obscure contempora­ry Native American nations.

For example, since the first Eskimo Pie trademark was filed in 1921, the cheery icon of an Alaska Native child wearing traditiona­l cold weather clothing has traveled not only throughout the United States but across the globe. This happy-go-lucky imagery has circulated more broadly than knowledge of Alaska’s complex colonial history, ignoring the sovereignt­y of the Indigenous peoples of Alaska. Dreyer’s Grand Ice Cream announced last year that it would change what it called the “derogatory” name to Edy’s Pie and discontinu­e the use of the character.

Addressing this paradox — the ubiquity of American Indian names and the simultaneo­us neglect of American Indian people — requires us to reckon with our own history, in which the dispossess­ion of Indigenous land and culture are intimately linked to the rise of racialized marketing. It entails confrontin­g the multiple mechanisms behind this phenomenon that make it possible for our states, counties and municipali­ties to bear Indian names, even as most Americans do not even know the tribes on whose land they reside.

It is timely, now more than ever, to respect American Indian voices and perspectiv­es. Native groups have been protesting the names of teams for decades; last year, two of the most prominent offending sports franchises — in Washington and Cleveland — announced decisions to change course.

Remedying the harms of the past will require more than simply changing a name or a logo, but it is a first step toward ensuring that racial stereotype­s are retired to the annals of history.

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