Chief Illiniwek Going to Court over University of Illinois Symbol

Chief Illiniwek is not dead. The controversial symbol that some call racist and demeaning to Native Americans, and that others revere, is headed into federal district court, with the original creator of the logo and symbol attempting to wrest control from the University of Illinois.

Jack Davis, the creator of the round "headdress" logo and face of Chief Illiniwek is seeking an injunction against the Board of Trustees of the University of Illinois, and the University's Chancellor Richard Herman, to force them to stop using the logo in a manner he says he never approved.

Davis is being represented by Urbana attorney Robert Auler in the lawsuit brought against the University in U.S. District Court. "Jack wants to preserve the availability of the logo for use by the real fans, including myself," Auler said in a telephone interview.

Calls left with Richard Herman's wife and office late Friday afternoon were not returned.

The issue of whether or not the symbol is racist seems to be a matter of opinion - and the opinion of the people that it would seem should have been most actively sought were apparently ignored. In an interview in July 2007 with John "Chief AJ" Huffer, chief of the Central Illinois Tribal Council, said that the tribe has no trouble with the logo, the symbol, or even the student performances of Chief Illiniwek at the halftimes of football and basketball games.

"We objected to some of the products they put it on, like toilet paper and liquor. Those uses were demeaning," Huffer said. "Othewise, we would have backed the continued use of the logo. All we wanted were five scholarships a year for members of our tribe, and a say in what products it was used on." Huffer showed me letters he directed to the Board of Trustees in the early and mid 1990s, to that effect. "I didn't hear back from them for years," Huffer said.

In the filing in US Central District Court, Davis claims that the University licensed the artwork from him in a verbal agreement in 1980. Davis' claim is backed by an affidavit also contained in the court documents from Vance Redfern. Redfern was the Associate Director of the Athletic Association at the time the logo was created.

Redfern's affidavit says in late 1980 that he and Davis discussed the creation of single symbol to represent the various sports programs. "The design was powerful and I agreed with Mr. Davis that if it was accepted by the Athletic Association for use as the symbol of the athletic programs, that we would use it without further payment to him," the affidavit says. "But we also agreed that if it was rejected or discontinued, the face-logo would revert to him."

"Jack permitted them to use the logo so long as it was used as the symbol of the athletic teams," Auler said. "We don't see how they university can maintain any trademark claim of the Chief or the logo." According to Auler, maintaining a trademark requires its continuous use to be valid. "We have asked for the return of the symbol to its rightful owner."