Post by Okwes on Dec 19, 2006 12:09:20 GMT -5
Native American Arts sues Utah firm over dolls Suit claims the figures
that are made in China are too much like authentic Indian images By
Dawn House
<mailto:dawn@sltrib.com?subject=Salt Lake Tribune: Native American Arts
sues Utah firm over dolls> Article Last Updated:11/17/2006 11:47:06 PM
MST www.sltrib.com/ci_4683029 <http://www.sltrib.com/ci_4683029>
An American Indian arts group wants $8 million from Utah-based Milne
Jewelry Co. for allegedly marketing dolls made in China that the
plaintiffs say too closely resemble authentic Indian images.
A spokesman for the defendant labels the lawsuit as nothing short of
extortion.
"This group gets on Internet to look for people advertising things
that look Indian, they make a purchase and lay in wait to allow damages
to accumulate." said Milne's attorney Bryce Dixon. "They try to shake
down companies for as much money as they can get. It's a racket."
Repeated calls to Chicago-based Native American Arts Inc.,
representing Ho-Chunk tribal members, were not returned.
But in testimony before the U.S. Senate in 2000, Jacob Lonetree,
then president of the Ho-Chunk Nation, said the arts group had reached
confidential settlements in nine lawsuits involving counterfeit Indian
items
"These actions are expensive and difficult cases brought after
extensive investigations," said Lonetree. "But they can and have been
effective."
Native American Arts is suing under the Indian Arts and Crafts Act,
which allows tribes recognized by the federal or state governments,
tribal members or American Indian arts groups to file civil actions. The
plaintiffs can collect triple damages or $1,000 for each day a violation
occurs, whichever amount is greater.
Attorney Dixon points to two dolls manufactured in China by Timeless
Collection as evidence the arts group is harassing his client Wes Milne,
75, who founded Milne Jewelry in St. George in 1952. Besides its
porcelain Indian dolls, Timeless Collection also markets other lines
such as babies, cowboys, ferries and bride dolls.
On its Web site, Timeless Collection says the Indian dolls are not
authentic. Dolls manufactured by Timeless are sold through companies
selling collectibles and on eBay.
In addition to the Indian dolls, Native American Arts also is suing
Milne for marketing five jewelry pieces, including pendants, necklaces
and earrings labeled as Navajo, Zuni and Hopi. Native American Arts
insists the pieces were not made by certified Indian artisans.
Dixon says that even though the jewelry is authentic, lawsuits such
as this one have a dampening effect on other businesses buying from
American Indians.
"Instead of protecting Indians the law is hurting them," he said.
"Any business that has every reason in the world to believe they're
buying products made by certified Indians, and you happen to be wrong,
you're going to pay big bucks."
Wes Milne says stores and Internet sites are staying away from
advertising any products made by certified Indians. Instead of Hopi
silver jewelry, for instance, companies market silver pieces.
The Indian Arts and Craft Act, a truth-in-advertising law, was
passed in 1935 to protect Indian artisans. But initially the penalties
proved to be no meaningful deterrent to those who sold counterfeit
wares. The act was amended in 1990 to include tougher civil and criminal
penalties.
Because there are historic discrepancies in government certification
of tribes, the law is not universally popular with American Indians. In
the book The Arbitrary Indian: The Indian Arts and Craft Act of 1990,
author Gail K. Sheffield argues that the law had unintended consequences
of sanctioning discrimination against American Indians whose tribal
affiliation has not been recognized by federal or state authorities.
dawn@sltrib.com
1990 Indian Arts and Crafts Act
* It is illegal to sell an item that falsely suggests it is made by
an American Indian.
* An American Indian is defined as a member of a federal- or state-
recognized tribe.
* A government- recognized tribe also may certify an individual as
an Indian artisan.
* The law covers all Indian arts and crafts produced after 1935.
*The first violation carries a fine up to $250,000 and a 5-year
prison term.
* Businesses face civil penalties and fines up to $1 million for
each violation.
Source: U.S. Department of Interior
that are made in China are too much like authentic Indian images By
Dawn House
<mailto:dawn@sltrib.com?subject=Salt Lake Tribune: Native American Arts
sues Utah firm over dolls> Article Last Updated:11/17/2006 11:47:06 PM
MST www.sltrib.com/ci_4683029 <http://www.sltrib.com/ci_4683029>
An American Indian arts group wants $8 million from Utah-based Milne
Jewelry Co. for allegedly marketing dolls made in China that the
plaintiffs say too closely resemble authentic Indian images.
A spokesman for the defendant labels the lawsuit as nothing short of
extortion.
"This group gets on Internet to look for people advertising things
that look Indian, they make a purchase and lay in wait to allow damages
to accumulate." said Milne's attorney Bryce Dixon. "They try to shake
down companies for as much money as they can get. It's a racket."
Repeated calls to Chicago-based Native American Arts Inc.,
representing Ho-Chunk tribal members, were not returned.
But in testimony before the U.S. Senate in 2000, Jacob Lonetree,
then president of the Ho-Chunk Nation, said the arts group had reached
confidential settlements in nine lawsuits involving counterfeit Indian
items
"These actions are expensive and difficult cases brought after
extensive investigations," said Lonetree. "But they can and have been
effective."
Native American Arts is suing under the Indian Arts and Crafts Act,
which allows tribes recognized by the federal or state governments,
tribal members or American Indian arts groups to file civil actions. The
plaintiffs can collect triple damages or $1,000 for each day a violation
occurs, whichever amount is greater.
Attorney Dixon points to two dolls manufactured in China by Timeless
Collection as evidence the arts group is harassing his client Wes Milne,
75, who founded Milne Jewelry in St. George in 1952. Besides its
porcelain Indian dolls, Timeless Collection also markets other lines
such as babies, cowboys, ferries and bride dolls.
On its Web site, Timeless Collection says the Indian dolls are not
authentic. Dolls manufactured by Timeless are sold through companies
selling collectibles and on eBay.
In addition to the Indian dolls, Native American Arts also is suing
Milne for marketing five jewelry pieces, including pendants, necklaces
and earrings labeled as Navajo, Zuni and Hopi. Native American Arts
insists the pieces were not made by certified Indian artisans.
Dixon says that even though the jewelry is authentic, lawsuits such
as this one have a dampening effect on other businesses buying from
American Indians.
"Instead of protecting Indians the law is hurting them," he said.
"Any business that has every reason in the world to believe they're
buying products made by certified Indians, and you happen to be wrong,
you're going to pay big bucks."
Wes Milne says stores and Internet sites are staying away from
advertising any products made by certified Indians. Instead of Hopi
silver jewelry, for instance, companies market silver pieces.
The Indian Arts and Craft Act, a truth-in-advertising law, was
passed in 1935 to protect Indian artisans. But initially the penalties
proved to be no meaningful deterrent to those who sold counterfeit
wares. The act was amended in 1990 to include tougher civil and criminal
penalties.
Because there are historic discrepancies in government certification
of tribes, the law is not universally popular with American Indians. In
the book The Arbitrary Indian: The Indian Arts and Craft Act of 1990,
author Gail K. Sheffield argues that the law had unintended consequences
of sanctioning discrimination against American Indians whose tribal
affiliation has not been recognized by federal or state authorities.
dawn@sltrib.com
1990 Indian Arts and Crafts Act
* It is illegal to sell an item that falsely suggests it is made by
an American Indian.
* An American Indian is defined as a member of a federal- or state-
recognized tribe.
* A government- recognized tribe also may certify an individual as
an Indian artisan.
* The law covers all Indian arts and crafts produced after 1935.
*The first violation carries a fine up to $250,000 and a 5-year
prison term.
* Businesses face civil penalties and fines up to $1 million for
each violation.
Source: U.S. Department of Interior