The Native American Law & Policy practice group at Dentons US LLP brings you the latest on federal policies, legal news, and events in the Indigenous art and fashion world, as well as intellectual property information impacting tribes generally.

Government Affairs

The USPTO Requests Feedback from Tribes

The U.S. Patent Office (USPTO) is hosting consultations on whether the United States should sign and implement the World Intellectual Property Organization Treaty on Intellectual Property, Genetic Resources and Associated Knowledge (WIPO Treaty) adopted on May 24, 2024.  Article 1 of the WIPO Treaty aims to “enhance the efficacy, transparency and quality of the patent system” and “prevent patents from being granted erroneously for inventions that are not novel or inventive” regarding genetic resources and traditional knowledge.  Article 2 of the WIPO Treaty defines “genetic resources” as “genetic material of actual or potential value” and “genetic material” as “any material of plant, animal, microbial or other origin containing functional units of heredity.”

A link to the WIPO Treaty may be found here.  A link to the USPTO announcement may be found here and a link to the Federal Register notice may be found here.  Written comments on the questions outlined in the Federal Register notice are due by April 28, 2025. 

The USPTO Maintains the Tribal Insignia Database to Protect Tribal Insignias

In a 1999 USPTO report to the House and Senate Judiciary Committees, one of the recommendations suggested that USPTO create and maintain a database containing the official insignia of tribes.  As a result, the Tribal Insignia Database was created in 2001.  A link to the Federal Register notice establishing the database may be found here.  Although Tribes are not required to file their tribal insignias with the USPTO, doing so helps provide trademark examiners with a more complete database to use to help determine whether a trademark is registrable during the application process.  The USPTO and applicants both can use the database to ensure potential applicants are not falsely suggesting a connection to a tribal insignia that is registered in the database.  It is important to note that inclusion in the Tribal Insignia Database is not the same as registering the insignia as a trademark, and so does not have the same protections as registering the insignia as a trademark. 

More than one tribal insignia can be submitted for inclusion in the database without fees or forms, although, only one request can be submitted at a time.  Requests to include a tribal insignia should be submitted via email to NativeAmericanTribalInsigniaSubmissions@uspto.gov with the subject line “Native American tribal insignia submission.”  The submission must also include a written request to enter the tribal insignia in the database; a JPG image file of the insignia; a copy of the tribal resolution adopting the tribal insignia as the official insignia; and a statement signed by a tribal official or authorized representative confirming the tribal insignia is the same as the insignia referenced in the tribal resolution.  

The USPTO also provides information on how to submit your tribal insignia to the database and how to protect your tribal insignia.  A link to USPTO’s tribal insignia page may be found here. 

Trademark Filing Fees Increase for 2025

The USPTO announced a new fee schedule for Trademark fees.  Every two years, USPTO reviews fees, costs, and revenues to determine whether USPTO can recover the total costs of operations.  As a result, USPTO recently determined that an increase in fees, including certain trademark fees, is necessary in a final rule published in the Federal Register.  A link to the final rule may be found here.  The new fees are effective January 18, 2025.  A link to the new trademark fees may be found here.

Congressional Update

Senators Dan Sullivan and Lisa Murkowski (R-AK) Introduce ARTIST Act

Senators Sullivan and Murkowski introduced S. 254, the “Alaska’s Right To Ivory Sales and Tradition Act” (ARTIST Act).  The bill would amend the Marine Mammal Protection Act of 1972 to allow Alaskan Natives to use marine mammal ivory in traditional handicrafts if the taking is not wasteful and if it is for subsistence purposes or creating and selling authentic handicrafts and clothing.  The bill also includes limitations on takings, such as conservation of marine mammals that are used by Alaskan Natives and any regulations that may be established.  The bill has been referred to the Senate Committee on Commerce, Science, and Transportation.  A link to S. 254 may be found here.

Legal News

Violations of the Indian Arts and Crafts Act

Following up on our October 2023 report on Cristobal “Cris” Magno Rodrigo’s sentencing, three additional men were sentenced on November 12, 2024, for violating the Indian Arts and Crafts Act.  Travis Lee Macasaet (39), Simeon Cabansag (39), and Jessie Reginio (28), were sentenced for their involvement in selling Philippine-produced products as authentic Alaskan Native artwork.  In addition to their sentences, the defendants are required to pay joint and several payment of restitution to the victims and write apology letters to both the victims and the Tlingit and Haida Indian Tribes.  A link to the full press release from the U.S. Attorney’s Office, District of Alaska may be found here.

Litigation Involving Copyright Infringement        

On January 10, 2025, Buck Woodall filed a complaint against Disney alleging that Disney continues to copy Mr. Woodall’s animated project “Bucky” in the Moana 2 movie, among other things.  Mr. Woodall alleged in his first suit against Disney in 2020 that he shared with an employee of a Disney-affiliated production company prior to the first Moana motion picture.  The new complaint alleges that, despite the ongoing litigation concerning the first Moana movie, Disney released Moana 2 and further injured Mr. Woodall.  This case is before the United States District Court for the Central District of California, case number 2:25-cv-00273.  The related case concerning the first Moana movie is case number 2:20-cv-03772.  Trials are underway regarding the first Moana movie before the Honorable Consuelo B. Marshall. 

Upcoming Events

Red Earth | 39th Annual Red Earth Festival
The 39th Red Earth Festival will be held at the National Cowboy & Western Heritage Museum.  This is a three-day festival celebrating culture and art, and includes a juried art market. 
Location & Date:  1700 Northeast 63rd Street, Oklahoma City, OK | March 21-23, 2025
Contact:  info@redearth.org, 405-427-5228

U.S. Patent and Trademark Office | Trademark Basics Boot Camp
The U.S. Patent and Trademark Office (USPTO) will host another virtual “Basics Boot Camp” series starting with Module 1 on April 1, 2025, and end with Module 8 on May 20, 2025.  The series of webinars provides information on trademarks and the process to file, register, and maintain your trademark.¹
Location & Date:  Online Webinars | April 1-May 8, 2025
Contact:  TMWebinar@uspto.gov

Chickasaw Nation, Arts & Humanities Division | 12th Annual Artesian Arts Festival
The 12th Annual Artesian Arts Festival includes diverse art media, music, dance, and food, as well as an art market.
Location & Date:  Sulphur, OK | April 5, 2025
Contact:  580-272-5520

Bernalillo Indian Arts Festival | Bernalillo Indian Arts Festival 2025
The Bernalillo Indian Arts Festival will be hosted indoors at the Albuquerque Balloon Fiesta Park.  This annual Indian art market is hosted by the Authentic Native Arts Association, Inc..
Location & Date:  Sid Cutter Pilots Pavilion, Albuquerque Balloon Fiesta Park, Albuquerque, NM | May 3-4, 2025
Contact:  bernalilloindianfestival@gmail.com, 505-867-9667

Autry Museum | American Indian Arts Festival
The American Indian Arts Festival includes art, performances, and cultural experiences. 
Location & Date:  4700 Western Heritage Way, Los Angeles, CA | June 7-8, 2025
Contact:  bernalilloindianfestival@gmail.com, 505-867-9667

Museum of Northern Arizona | Heritage Festival of Arts and Culture
The Museum of Northern Arizona will host the Heritage Festival of Arts and Culture, which celebrates art, culture, and community of the region.  Artists can also submit work to participate in the Heritage Festival. 
Location & Date:  3101 N. Fort Valley Rd, Flagstaff, AZ | June 28-29, 2025
Contact:  928-774-5213

Eiteljorg Museum | Indian Market & Festival
The Eiteljorg Museum hosts the Indian Market & Festival every year to celebrate Native American art, history, and cultures. 
Location & Date:  500 West Washington Street, Indianapolis, IN | June 28-29, 2025
Contact:  317-636-9378

1. Although these webinars do not provide legal advice, Dentons US LLP has a robust trademark practice.  We would be happy to answer your questions.↩