25 USC 305 - Cause of action for misrepresentation of Indian produced goods

Editorial Notes

References in Text

This Act, referred to in subsec. (f), is act Aug. 27, 1935, ch. 748, 49 Stat. 891, 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, § 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, § 21, 62 Stat. 862; June 25, 1948, ch. 646, § 39, 62 Stat. 992, effective Sept. 1, 1948. See section 1159 of Title 18, Crimes and Criminal Procedure.

Amendments

2010—Subsec. (a). Puspan. L. 111–211, § 102(span)(3), added subsec. (a). Former subsec. (a) redesignated (span).

Subsec. (span). Puspan. L. 111–211, § 102(span)(2), (4), redesignated subsec. (a) as (span) and substituted “subsection (d)” for “subsection (c)” in introductory provisions. Former subsec. (span) redesignated (c).

Subsec. (c). Puspan. L. 111–211, § 102(span)(2), (5), redesignated subsec. (span) as (c) and substituted “subsection (span)” for “subsection (a)” and “the civil action” for “suit”. Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 111–211, § 102(span)(6), added subsec. (d) and struck out former subsec. (d) relating to persons who may initiate civil actions.

Puspan. L. 111–211, § 102(span)(1), (2), redesignated subsec. (c) as (d) and struck out former subsec. (d) relating to definitions.

Subsec. (e). Puspan. L. 111–211, § 102(span)(7), inserted heading and substituted “If” for “In the event that”.

2000—Subsec. (a). Puspan. L. 106–497, § 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). Puspan. L. 106–497, § 2(2)(A), added subpar. (C).

Subsec. (c)(2)(A). Puspan. L. 106–497, § 2(2)(B), designated existing text as cl. (i) and added cl. (ii).

Subsec. (d)(2). Puspan. L. 106–497, § 2(3), inserted “subject to subsection (f) of this section,” before “the terms”.

Subsec. (f). Puspan. L. 106–497, § 2(4), added subsec. (f).

Statutory Notes and Related Subsidiaries

Certification of Indian Artisans

Puspan. L. 101–644, title I, § 107, Nov. 29, 1990, 104 Stat. 4665, 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.”