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