25 U.S.C. § 305e : US Code - Section 305E: Cause of action for misrepresentation of Indian produced goods

Search 25 U.S.C. § 305e : US Code - Section 305E: Cause of action for misrepresentation of Indian produced goods

(a) Injunctive or equitable relief; damages
A person specified in subsection (c) of this section may, in a
civil action in a court of competent jurisdiction, bring an action
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, to -
(1) obtain injunctive or other equitable relief; and
(2) recover the greater of -
(A) treble damages; or
(B) in the case of 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.
For purposes of paragraph (2)(A), damages shall include any and all
gross profits accrued by the defendant as a result of the
activities found to violate this subsection.
(b) Punitive damages; attorney's fee
In addition to the relief specified in subsection (a) of this
section, the court may award punitive damages and the costs of suit
and a reasonable attorney's fee.
(c) Persons who may initiate civil actions
(1) A civil action under subsection (a) of this section may be
commenced -
(A) by the Attorney General of the United States upon request
of the Secretary of the Interior on behalf of an Indian who is a
member of an Indian tribe or on behalf of an Indian tribe or
Indian arts and crafts organization;
(B) by an Indian tribe on behalf of itself, an Indian who is a
member of the tribe, or on behalf of an Indian arts and crafts
organization; or
(C) by an Indian arts and crafts organization on behalf of
itself, or by an Indian on behalf of himself or herself.
(2) Any amount recovered pursuant to this section shall be paid
to the individual Indian, Indian tribe, or Indian arts and crafts
organization, except that -
(A) in the case of paragraph (1)(A), the Attorney General may
deduct from the amount recovered -
(i) the amount for the costs of suit and reasonable
attorney's fees awarded pursuant to subsection (b) of this
section and deposit the amount of such costs and fees as a
reimbursement credited to appropriations currently available to
the Attorney General at the time of receipt of the amount
recovered; and
(ii) the amount for the costs of investigation awarded
pursuant to subsection (b) of this section and reimburse the
Board the amount of such costs incurred as a direct result of
Board activities in the suit; and
(B) in the case of paragraph (1)(B), the amount recovered for
the costs of suit and reasonable attorney's fees pursuant to
subsection (b) of this section may be deducted from the total
amount awarded under subsection (a)(2) of this section.
(d) Definitions
As used in this section -
(1) the term "Indian" means any individual who is a member of
an Indian tribe; or for the purposes of this section is certified
as an Indian artisan by an Indian tribe;
(2) subject to subsection (f) of this section, the terms
"Indian product" and "product of a particular Indian tribe or
Indian arts and crafts organization" has the meaning given such
term (!1) in regulations which may be promulgated by the
Secretary of the Interior;
(3) the term "Indian tribe" means -
(A) any Indian tribe, band, nation, Alaska Native village, or
other organized group or community which is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians; or
(B) any Indian group that has been formally recognized as an
Indian tribe by a State legislature or by a State commission or
similar organization legislatively vested with State tribal
recognition authority; and
(4) the term "Indian arts and crafts organization" means any
legally established arts and crafts marketing organization
composed of members of Indian tribes.
(e) Severability
In the event that any provision of this section is held invalid,
it is the intent of Congress that the remaining provisions of this
section shall continue in full force and effect.
(f) Regulations
Not later than 180 days after November 9, 2000, the Board shall
promulgate regulations to include in the definition of the term
"Indian product" specific examples of such product to provide
guidance to Indian artisans as well as to purveyors and consumers
of Indian arts and crafts, as defined under this Act.