25 U.S.C. § 305e — Cause of action for misrepresentation of Indian produced goods

(a) Definitions.— (1) "Indian" means someone who is a tribal member, or who a tribe has certified as an Indian artisan. (2) "Indian product" has whatever meaning the Secretary's regulations give it. (3) "Indian tribe" has the meaning given in section 5304 of this title, and for this section only, also includes an Indian group formally recognized as a tribe by a state legislature, a state commission, or a similar state body with authority to grant tribal recognition. (4) "Secretary" means the Secretary of the Interior. (b) A person listed in subsection (d) can sue, in a court with proper jurisdiction, anyone who directly or indirectly offers, displays, or sells a good — with or without a government trademark — in a way that falsely suggests it's Indian-made, an Indian product, or made by a particular Indian, tribe, or Indian arts-and-crafts organization living in the United States. The plaintiff can get (1) an injunction or other equitable relief, and (2) the larger of (A) triple damages, or (B) for each harmed individual Indian, tribe, or organization, at least $1,000 for each day the offer, display, or sale continued. For (2)(A), damages include all of the defendant's gross profits from the violation. (c) Besides the relief in (b), the court can award punitive damages, the cost of the lawsuit, and reasonable attorney's fees. (d)(1) A lawsuit under (b) can be started by (A) the Attorney General, at the Secretary's request, acting for a tribe, an Indian, or an Indian arts-and-crafts organization; (B) a tribe, acting for itself, one of its members, or an Indian arts-and-crafts organization; (C) an individual Indian; or (D) an Indian arts-and-crafts organization. (2) Except as (B) below says, money recovered goes to the tribe, Indian, or organization the suit was brought for. But (i) if the Attorney General brought the suit under (1)(A), the Attorney General can first deduct the cost of the suit and attorney's fees awarded under (c) (deposited in the Treasury for the Attorney General's use) and the cost of the investigation (to reimburse the Board); (ii) if a tribe brought the suit under (1)(B), the tribe can first deduct its litigation costs and reasonable attorney's fees. (e) If any part of this section is found invalid, Congress intends the rest to stay in full force. (f) Within 180 days of November 9, 2000, the Board must write regulations giving specific examples of what counts as an "Indian product," to guide artisans, sellers, and buyers of Indian arts and crafts.