ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Sunday, October 8, 2006

UND sues NCAA over use of Nickname

In a controversial move, the North Dakota Attorney General initiated a lawsuit against the NCAA over use of the University of North Dakota athletic teams’ nickname the “Fighting Sioux.”  The NCAA restricted the University from using the nickname and logos in post-season tournaments, saying they are “hostile and abusive.”  Now North Dakota state officials argue that the NCAA has overstepped its authority, and have sued the NCAA, alleging a breach of contract, a breach of good faith and illegal restraint of trade. UND seeks to continue to use the nickname and logo and an unspecified amount of damages.  An NCAA spokesperson said they were not surprised by the lawsuit and they are "planning on aggressively defending our right and our responsibility, quite frankly, to conduct our own NCAA championships in an environment free of racial stereotyping."

Attorney General's Press Release.
Motion for Preliminary Injunction.

[Meredith R. Miller]

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