United StatesIndian Arts and Crafts Act, civil action for misrepresentation of Indian produced goods
In force since .
A false affiliation rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
As of .
What it requires
- Do not, directly or indirectly, offer or display for sale or sell a good, with or without a Government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States (s. 305e(b)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Statutory damages
The recovery is the greater of treble damages, which include the defendant's gross profits from the violating activity, or not less than $1,000 for each day on which the offer or display for sale or sale continues, for each aggrieved individual Indian, Indian tribe, or Indian arts and crafts organization. The court may add punitive damages, the costs of the civil action, and a reasonable attorney's fee.
- As of
- Currency
- USD
- Per person minimum
- 1,000
Who enforces it
Enforcement body
Private civil action by an Indian tribe, an Indian, or an Indian arts and crafts organization, or by the Attorney General at the request of the Secretary of the Interior acting on behalf of one of them
What this law does
Section 305e of title 25, part of the Indian Arts and Crafts Act, lets a civil action be brought against a person who, directly or indirectly, offers or displays for sale or sells a good, with or without a Government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States.
For this section, an Indian is an individual who is a member of an Indian tribe or is certified as an Indian artisan by an Indian tribe. The action may be initiated by the Attorney General at the request of the Secretary of the Interior acting for an Indian tribe, an Indian, or an Indian arts and crafts organization, by an Indian tribe acting for itself, a member, or an organization, by an Indian, or by an Indian arts and crafts organization.
The plaintiff may obtain injunctive or other equitable relief and recover the greater of treble damages or, for each aggrieved individual Indian, Indian tribe, or Indian arts and crafts organization, not less than $1,000 for each day on which the offer or display for sale or sale continues. Damages for the treble measure include any and all gross profits the defendant accrued from the activities found to violate the section.
The court may also award punitive damages and the costs of the civil action and a reasonable attorney's fee. An amount recovered is paid to the Indian tribe, the Indian, or the Indian arts and crafts organization on whose behalf the civil action was initiated, subject to the deductions the section allows.
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