Native American Arts Act Lawsuit
My question involves business law in the state of: IL (Plaintiff) - NJ (me)
My small company got a court summon by the Native American Arts saying that I'm infringing the Native American Arts and Crafts Act. Among the things we sell, we also listed some vases and lamps with the name "Navajo" in it and had the traditional styling in it. However, I'm just an online reseller (dropship), I don't even stock the items. The products are imported by a distributor and sold under the distributor's brand. The distributor provided the name, descriptions, and pictures of the products.
The Native Americans bought those items from me (for evidence now) and I've never sold another one to anybody else.
Now, I'm being sued for $6 million and an attorney wants us to deposit $25K just to start representing us.
I don't know what I should do. Please advise.
TIA!
Re: Native American Arts Act Lawsuit
Talk to a bunch more attorneys until you find someone who can give you decent information and work with you at a reasonable rate.
When you're being sued - in particular, when you're being sued for a gargantuan sum of money - you need an attorney.
It appears that under the Act, you are considered a seller, even if you don't personally stock the item. Hie thee to a herd of attorneys, and that right quickly.
Re: Native American Arts Act Lawsuit
LawResearcherMissy, what kind of lawyer do I need? Litigation, trial, or intelletual property? Thanks.
Re: Native American Arts Act Lawsuit
If it were me, I'd seek out a Civil Defense attorney.
An IP attorney would not be appropriate, as you are not defending your own IP.
Re: Native American Arts Act Lawsuit
Quote:
Quoting
yellowcabbie
My question involves business law in the state of: IL (Plaintiff) - NJ (me)
My small company got a court summon by the Native American Arts saying that I'm infringing the Native American Arts and Crafts Act. Among the things we sell, we also listed some vases and lamps with the name "Navajo" in it and had the traditional styling in it. However, I'm just an online reseller (dropship), I don't even stock the items. The products are imported by a distributor and sold under the distributor's brand. The distributor provided the name, descriptions, and pictures of the products.
The Native Americans bought those items from me (for evidence now) and I've never sold another one to anybody else.
Now, I'm being sued for $6 million and an attorney wants us to deposit $25K just to start representing us.
I don't know what I should do. Please advise.
TIA!
I assume that Your business is rather small, since You are seeking advice here.
The fact that you are a drop-shipper lends more creedence to this ...
you did not advise how your company is organized ..
Consider starting a new business thru a corporation, let them spend money suing Your present business which probably has no assets
Why throw money at attorneys ..?