NATIVE AMERICAN ARTS, INC. v. J.C. PENNEY CO., INC.

No. 97 C 6803.

5 F.Supp.2d 599 (1998)

NATIVE AMERICAN ARTS, INC., Plaintiff, v. J.C. PENNEY COMPANY, INC., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

May 27, 1998.


Attorney(s) appearing for the Case

Michael Patrick Mullen, Mullen & Foster, Chicago, IL, for Plaintiff.

James Michael Hofert, Michael John Leech, Scott Frederick Burns, Bruce L. Carmen, Hinshaw & Culbertson, Chicago, IL, for Defendant.


MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Plaintiff NAA is an Indian arts and crafts organization that sells authentic Indian-made products. Last year, it brought suit against retailer J.C. Penney ("Penney's"), alleging that Penney's sale of similar, but non-authentic, Indian products violated the Indian Arts and Crafts Act of 1990 ("IACA" or "the Act").1 The Act prohibits "offer[ing] or display[ing] for sale...

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