Indian Arts and Crafts Act of 1990

Title I: Indian Arts and Crafts - Indian Arts and Crafts Act of 1990 - Amends Federal law to revise the powers of the Indian Arts and Crafts Board to include power to: (1) register in the U.S. Patent and Trademark Office without charge Government-owned trademarks and assign them and their associated goodwill to Indian individuals or tribes, again without charge; and (2) pursue or defend in the courts any appeal or proceeding with respect to any final determination of the U.S. Patent and Trademark Office. Authorizes the Board to refer complaints of violations relating to misrepresentation of Indian produced goods and products to the Federal Bureau of Investigation for investigation and to recommend that the: (1) Attorney General institute criminal proceedings; and (2) Secretary of the Interior refer the matter to the Attorney General for civil action. Revises Federal criminal code provisions prohibiting misrepresentation of Indian products to increase the penalties for violations. Authorizes civil actions for injunctive relief and treble or liquidated damages along with the possible awarding of punitive damages, court costs, and attorney fees to enforce such prohibition. Allows such actions by the Attorney General of the United States or an Indian tribe in any court of competent jurisdiction. Increases the penalties for counterfeiting the Board's trademark. Prohibits an Indian…

Congressional Research Service · 1990-10-27