View all text of Chapter 7 A [§ 305 - § 310]
§ 305e. Cause of action for misrepresentation of Indian produced goods
(a) DefinitionsIn this section:
(1) IndianThe term “Indian” means an individual that—
(A) is a member of an Indian tribe; or
(B) is certified as an Indian artisan by an Indian tribe.
(2) Indian product
(3) Indian tribe
(A) In general
(B) InclusionThe term “Indian tribe” includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by—
(i) a State legislature;
(ii) a State commission; or
(iii) another similar organization vested with State legislative tribal recognition authority.
(4) Secretary
(b) Injunctive or equitable relief; damagesA person specified in subsection (d) 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.
(c) Punitive damages; attorney’s fee
(d) Persons that may initiate civil actions
(1) In generalA civil action under subsection (b) may be initiated by—
(A) the Attorney General, at the request of the Secretary acting on behalf of—
(i) an Indian tribe;
(ii) an Indian; or
(iii) an Indian arts and crafts organization;
(B) an Indian tribe, acting on behalf of—
(i) the Indian tribe;
(ii) a member of that Indian tribe; or
(iii) an Indian arts and crafts organization;
(C) an Indian; or
(D) an Indian arts and crafts organization.
(2) Disposition of amounts recovered
(A) In general
(B) Exceptions
(i) Attorney GeneralIn the case of a civil action initiated under paragraph (1)(A), the Attorney General may deduct from the amount—(I) the amount of the cost of the civil action and reasonable attorney’s fees awarded under subsection (c), to be deposited in the Treasury and credited to appropriations available to the Attorney General on the date on which the amount is recovered; and(II) the amount of the costs of investigation awarded under subsection (c), to reimburse the Board for the activities of the Board relating to the civil action.
(ii) Indian tribeIn the case of a civil action initiated under paragraph (1)(B), the Indian tribe may deduct from the amount—(I) the amount of the cost of the civil action; and(II) reasonable attorney’s fees.
(e) Savings provision
(f) Regulations
(Aug. 27, 1935, ch. 748, § 6, as added Pub. L. 101–644, title I, § 105, Nov. 29, 1990, 104 Stat. 4664; amended Pub. L. 106–497, § 2, Nov. 9, 2000, 114 Stat. 2219; Pub. L. 111–211, title I, § 102(b), July 29, 2010, 124 Stat. 2259.)