[HISTORY: Adopted by the Legislature of the Menominee Indian
Tribe as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Descendant register — See Ch. 46.
[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.
A.
The consent required by this article shall be exercisable by the person or persons to whom the right of consent, or portion thereof, has passed in accordance with Subsection B.
B.
Subject to Subsection A, after the death of any person, the rights under this article shall belong to the following person or persons and may be exercised, on behalf of and for the benefit of all of those persons, by those persons who, in the aggregate, are entitled to more than a one-half interest in the rights:
(1)
The entire interest in those rights belong to the surviving spouse
of the deceased personality unless there are any surviving children
or grandchildren of the deceased personality, in which case 1/2 of
the entire interest in those rights belong to the surviving spouse.
(2)
The entire interest in those rights belong to the surviving children
of the deceased personality and to the surviving children of any dead
child of the deceased personality unless the deceased personality
has a surviving spouse, in which case the ownership of a one-half
interest in rights is divided among the surviving children and grandchildren.
(3)
If there is no surviving spouse, and no surviving children or grandchildren,
then the entire interest in those rights belong to the surviving parent
or parents of the deceased personality.
(4)
The rights of the deceased personality's children and grandchildren
are in all cases divided among them and exercisable in the manner
provided by the probate procedures employed by the Menominee Tribal
Court, according to the number of the deceased personality's
children represented. The share of the children of a dead child of
a deceased personality can be exercised only by the action of a majority
of them.
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.
