25 U.S. Code § 305e - Cause of action for misrepresentation of Indian produced goods
The term “Indian product” has the meaning given the term in any regulation promulgated by the Secretary.
In addition to the relief specified in subsection (b), the court may award punitive damages and the costs of the civil action and a reasonable attorney’s fee.
Except as provided in subparagraph (B), an amount recovered in a civil action under this section shall be paid to the Indian tribe, the Indian, or the Indian arts and crafts organization on the behalf of which the civil action was initiated.
If 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.
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.
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.
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.
2010—Subsec. (a). Pub. L. 111–211, § 102(b)(3), added subsec. (a). Former subsec. (a) redesignated (b).
Subsec. (b). Pub. L. 111–211, § 102(b)(2), (4), redesignated subsec. (a) as (b) and substituted “subsection (d)” for “subsection (c)” in introductory provisions. Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 111–211, § 102(b)(2), (5), redesignated subsec. (b) as (c) and substituted “subsection (b)” for “subsection (a)” and “the civil action” for “suit”. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 111–211, § 102(b)(6), added subsec. (d) and struck out former subsec. (d) relating to persons who may initiate civil actions.
Pub. L. 111–211, § 102(b)(1), (2), redesignated subsec. (c) as (d) and struck out former subsec. (d) relating to definitions.
Subsec. (e). Pub. L. 111–211, § 102(b)(7), inserted heading and substituted “If” for “In the event that”.
2000—Subsec. (a). Pub. 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). Pub. L. 106–497, § 2(2)(A), added subpar. (C).
Subsec. (c)(2)(A). Pub. L. 106–497, § 2(2)(B), designated existing text as cl. (i) and added cl. (ii).
Subsec. (d)(2). Pub. L. 106–497, § 2(3), inserted “subject to subsection (f) of this section,” before “the terms”.
Subsec. (f). Pub. L. 106–497, § 2(4), added subsec. (f).
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