Tribes and Trademarks: Leveraging Federal and Tribal Intellectual Property Law to Protect Indigenous IP
This presentation explores the crucial role of federal and tribal intellectual property (IP) laws in safeguarding Indigenous intellectual property. Carrie Frias from Native Law Group, Patterson, Earnhart, Real Bird & Wilson—a majority Native-owned law firm—will lead the discussion. Targeting tribal leaders and Native entrepreneurs, the session aims to provide practical insights into protecting tribal IP and addressing the limitations of current legal frameworks.
**Presentation Overview:**
1. **Contextualizing Intellectual Property Issues:**
- Carrie Frias will begin by framing the theft of Indigenous lands and the appropriation of cultural IP as the latest frontier in American conquest. The session will highlight how cultural appropriation impacts tribal communities and introduce the concept of intellectual property within this context.
2. **Basics of Intellectual Property:**
- The presentation will cover the fundamentals of IP law, focusing on patents, trademarks, and copyrights, with examples specific to Native American contexts. Understanding these basics is crucial for tribes seeking to protect their unique cultural and intellectual assets.
3. **Case Studies of IP Misuse:**
- Key legal cases will be reviewed to demonstrate instances of IP misuse affecting Native communities:
- **Navajo Nation v. Urban Outfitters, Inc.**
- **Lumbee Tribe v. Anheuser-Busch and R.A. Jeffreys Distributing Company**
- **Washington Redskins Cases: Pro-Football, Inc. v. Harjo, Blackhorse v. Pro-Football, Inc., and Matal v. Tam**
- The session will also discuss the Tribal Insignia Database at the U.S. Patent and Trademark Office, which allows tribes to record their insignias and protect their traditional symbols.
4. **Challenges with Federal IP Law:**
- Carrie will address the limitations of federal IP law, particularly its inadequacy in protecting traditional knowledge and the collective nature of many tribal IP holdings. Challenges such as the high costs of registration, especially for patents, and the often insufficient remedies provided by legal outcomes will be examined.
5. **Successful Collaborations:**
- Positive examples of corporate collaborations with Indigenous communities will be highlighted, including partnerships with Minnetonka Moccasins, Ralph Lauren, and Disney’s portrayal of the Sami community in *Frozen 2*. These examples illustrate how constructive engagement can benefit both tribes and corporations.
6. **Tribal IP Legislation:**
- The presentation will conclude by discussing the importance of developing tribal laws to protect Indigenous IP. Carrie will showcase examples of tribes with robust IP codes, such as the Colorado River Indian Tribe, Ho-Chunk, and Pascua Yaqui, to underscore the advantages of tribal self-regulation in preserving traditional knowledge and cultural heritage.