E-Commerce Boom May Mean More IP Fights Over Tribal Art

A New Deal-era intellectual property law at the center of a dispute between the Navajo Nation and Urban Outfitters is proving to be an effective tool for protecting Native American tribes against infringement. Experts say that more litigation may be coming soon as tribes branch out into e-commerce. The Indian Arts and Crafts Act of 1935 gives tribal art organizations and tribe members a way to protect their creative work and extend beyond trademark protection, said Litigation partner Blaine I. Green. “The potential class of plaintiffs is much, much broader because it’s not based specifically on your having a trademark reservation or common law trademark right based on your particular use in commerce,” said Green. “Here you have many, many different tribes or companies, or even individual Indians, that could claim an interest and an injury by violations of the IACA.” Click here to read the full article.