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Although Applicant is a member of the tribe, membership alone is not sufficient: "[t]here must be a specific commercial connection between applicant and the tribe, evidencing the tribe's endorsement or sponsorship of applicant's sale of cigarettes." As to the fourth prong, "the fame and reputation of the Shinnecock tribe is such, and the nature of applicant's particular goods (cigarettes) is such, that applicant's use of its SHINNECOCK mark on cigarettes will lead purchasers to mistakenly presume that a commercial connection exists between the tribe and applicant and applicant's cigarettes." Cigarette purchasers are aware that the Shinnecocks market cigarettes, and a consumer who sees Applicant's cigarettes sold under Applicant's marks will presume the existence of a commercial connection between Applicant and the tribe

Arcara was ruling on a request made by the Seneca and Cayuga nations in upstate New York, leaving many to wonder if the order applies to all Indian territories