[Adopted 3-17-2011 by Ord. No. 11-06]
Any person who uses a deceased tribal leader's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons specified in §
526-2, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this article, the person who violated this article shall be liable to the injured party or parties in an amount equal to any profits from the unauthorized use that are attributable to the use. In establishing these profits, the injured party or parties shall be required to present proof only of the gross revenue attributable to the use, and the person who violated this article is required to prove his or her deductible expenses. The prevailing party or parties in any action under this article shall also be entitled to attorney's fees and costs.
This article shall apply to the adjudication of liability and
the imposition of any damages or other remedies in cases in which
the liability, damages, and other remedies arise from acts occurring
directly on this Reservation. For purposes of this article, acts giving
rise to liability shall be limited to the use, on or in products,
merchandise, goods, or services, or the advertising or selling, or
soliciting purchases of, products, merchandise, goods, or services
prohibited by this article.