Bob W., I  think that is a big IF. And Eric, in running on a tournament, there are legal issues involved. I still believe this has mostly to do with the NCAA protecting themselves against lawsuits.  This is still a live issue in the courts regarding trademarks that denigrate or defame.  

Its more about Myles Brand wanting to build a legacy on taking a stand. In fact from a lot of UND fans perspective it would appear that Brand has not addressed the policy with any consistancey. Here is the funny part you don't hear about UND has just as many name sake tribes supporting their team's name as CMU did in fact many Chippewa tribe of Michigan only had one name sake tribe supporting them. In fact many members of the Chipewa tribe from Michigan asked
CMU to drop the name. If someone wants a link to it, its in here. http://ndgoon.blogspot.com/2006/11/looking-at-mound-of-paper-work-in.html
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For the reason set forth in its opening memorandum, the Spirit Lake Tribe Resolution No. A05-01-041, which is still in effect, satisfies the Executive Committee’s equirement that only on '"name sake' tribe consent to UND's use of the Sioux name and imagery. The NCAA attempts to distinguish UND's situation from CMU's by stating that it "received no Resolutions or other official statements in opposition from Chippewa Tribes in connection with use of the name by CMU" (emphasis added) while not denying that it has been on actual notice that in fact five other Chippewa Tribes in Michigan actually do oppose CMU's use of the name, which UND pointed out to the NCAA in its Nov. 4th 2005 memo. (Def. NACD's Mem. Opp"n to Pl.'s Mot. for Prelim. Inj. at 41-42). The NCAA's disparate treatment of CMU and UND constitutes bad faith.
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