§ 305e. — Cause of action for misrepresentation of Indian produced goods.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC305e]
TITLE 25--INDIANS
CHAPTER 7A--PROMOTION OF SOCIAL AND ECONOMIC WELFARE
Sec. 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;
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\1\ So in original. Probably should be ``terms''.
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(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.
(Aug. 27, 1935, ch. 748, Sec. 6, as added Pub. L. 101-644, title I,
Sec. 105, Nov. 29, 1990, 104 Stat. 4664; amended Pub. L. 106-497,
Sec. 2, Nov. 9, 2000, 114 Stat. 2219.)
References in Text
This Act, referred to in subsec. (f), is act Aug. 27, 1935, ch. 748,
49 Stat. 891, as amended, which is classified generally to section 305
et seq. of this title. For complete classification of this Act to the
Code, see Tables.
Prior Provisions
A prior section, act Aug. 27, 1935, ch. 748, Sec. 6, 49 Stat. 893,
related to offering for sale without trade mark goods as Indian goods,
prior to repeal by acts June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862;
June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, effective Sept. 1, 1948.
See section 1159 of Title 18, Crimes and Criminal Procedure.
Amendments
2000--Subsec. (a). Pub. L. 106-497, Sec. 2(1), inserted ``, directly
or indirectly,'' after ``against a person who'' in introductory
provisions and inserted at end ``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.''
Subsec. (c)(1)(C). Pub. L. 106-497, Sec. 2(2)(A), added subpar. (C).
Subsec. (c)(2)(A). Pub. L. 106-497, Sec. 2(2)(B), designated
existing text as cl. (i) and added cl. (ii).
Subsec. (d)(2). Pub. L. 106-497, Sec. 2(3), inserted ``subject to
subsection (f) of this section,'' before ``the terms''.
Subsec. (f). Pub. L. 106-497, Sec. 2(4), added subsec. (f).
Certification of Indian Artisans
Section 107 of Pub. L. 101-644 provided that: ``For the purposes of
section 1159 of title 18, United States Code, and section 6 of the Act
entitled `An Act to promote the development of Indian arts and crafts
and to create a board to assist therein, and for other purposes' (25
U.S.C. 305 et seq.) [25 U.S.C. 305e] an Indian tribe may not impose a
fee in certifying an individual as an Indian artisan. For the purposes
of this section, the term `Indian tribe' has the same meaning given such
term in section 1159(c)(3) of title 18, United States Code.''
Section Referred to in Other Sections
This section is referred to in section 305d of this title.
