BISMARCK, N.D. (AP) — North Dakota's Board of Higher Education says it won't back out of a lawsuit settlement over the University of North Dakota's Fighting Sioux nickname.
The settlement says UND has to quit using the nickname by November 2010 if North Dakota's Standing Rock and Spirit Lake Sioux tribes disapprove of it. Tribal leaders say they won't endorse the nickname.
Grand Forks attorney Gordon Caldis asked the board to renounce the settlement. He says under federal trademark law, the NCAA can't force UND to quit using the nickname and its Indian head logo.
The Board of Higher Education voted Wednesday to affirm the settlement. Board member Grant Shaft says Caldis' legal arguments are wrong.
Board President Richie Smith says UND can't force the NCAA to allow the school to display its Fighting Sioux nickname and logo.
The board approved the settlement in October of last year.
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