Doesn't something have to be trademarked before anyone or any group can claim title to it and therefore prevent others from using it or it's likeness?
What is a trademark? A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of
www.uspto.gov
"A
trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A
service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include brand names, slogans, and logos. The term "trademark" is often used in a general sense to refer to both trademarks and service marks.
Unlike patents and copyrights, trademarks do not expire after a set term of years. Trademark rights come from actual “use” (see below). Therefore, a trademark can last forever - so long as you continue to use the mark in commerce to indicate the source of goods and services. A trademark registration can also last forever - so long as you
file specific documents and pay fees at regular intervals.
Must all trademarks be registered? No, registration is not mandatory. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration. However, federal registration of a trademark with the USPTO has several advantages, including a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. For more information about “common law” trademark rights and the advantages of federal registration see the
Basic Facts About Trademarks booklet.
Each time you use your mark, it is best to use a designation with it. If registered with the USPTO, use the
® symbol after your mark. If not yet registered, you may use
TM for goods or
SM for services, to indicate that you have adopted this as a “common law” trademark or service mark."
Who is to say that the Cherokee Tribe owns the name? Maybe they "stole" it from somewhere or infringed on someone else's rights or claim to that title or name.
If nobody has a claim to it now, what is to prevent FCA from trademarking the name now as theirs to use as they see fit?
I don't know the exact legal term for it, but there is also such a thing that if someone let something go on for so long and never said anything about it, that they basically lose their right to say anything about it now and object to it.
Regardless, I don't think it's absolutely vital anyway. I'm not a lawyer, and I don't play one on TV...and I didn't stay at a Holiday Inn Express last night. So I got nothin on the legal aspect of all of this, and it seems no one else here does either. So as per usual, people here (including me) can spew their various opinions and pretend that the world actually cares what we have to say on the subject. 
