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Native American Arts Act Lawsuit

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  • 04-07-2010, 10:53 AM
    yellowcabbie
    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!
  • 04-07-2010, 01:05 PM
    LawResearcherMissy
    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.
  • 04-07-2010, 01:07 PM
    yellowcabbie
    Re: Native American Arts Act Lawsuit
    LawResearcherMissy, what kind of lawyer do I need? Litigation, trial, or intelletual property? Thanks.
  • 04-07-2010, 01:31 PM
    LawResearcherMissy
    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.
  • 04-15-2010, 06:19 AM
    Steve_Lujack
    Re: Native American Arts Act Lawsuit
    Quote:

    Quoting yellowcabbie
    View Post
    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 ..?
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