Native American Arts, Inc. v. Specialty Merchandise Corp.

Good Law
451 F. Supp. 2d 1080·2006 WL 2602081·66 Fed. R. Serv. 3d 91·2006 U.S. Dist. LEXIS 65141
United States District Court, Central District of CaliforniaAugust 28, 2006CV05-07889 SGL(JTLX)California1,348 words

Opinion

Opinion

Larson, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS; ORDER DENYING AS MOOT DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

This matter is before the Court on defendants’ Motion to Dismiss, or, in the alternative, for Summary Judgment, filed on July 3, 2006. The Court has read and considered the moving, opposition, and reply documents filed in connection with the present Motion, and considered the arguments of counsel. Accordingly, the hearing set for August 28, 2006, is removed from the Court’s calendar. For the reasons set forth below, the Court GRANTS the Motion to Dismiss and DENIES AS MOOT the Motion for Summary Judgment. The present action is dismissed without prejudice.

I. Background

Plaintiff “is a wholly Indian owned arts and crafts organization involved in the distribution of authentic Indian arts and crafts .... ” Compl. ¶ 3. It alleges that defendants violated The Indian Arts and Crafts Act of 1990, and The Indian Arts and Crafts Enforcement Act of 2000 (collectively, the “LACA”), 25 U.S.C. §§ 305 et seq. The IACA prohibits the sale (or the offering for sale) of a good “in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.