BURSTA Vancouver-based Indigenous art wholesaler announced that they have won a copyright infringement lawsuit against a local souvenir shop after they sold a T-shirt that very closely resembled the work of a prominent Coast Salish artist.
In 2023, Native Northwest filed a lawsuit against Sasquatch Gifts and Souvenirs and Bruce and Fiona Fearon for copying, using and selling T-shirts featuring a design that was very close to a work by Dr. Francis Horne Sr.
In a statement posted on social media on Monday, Nov. 17, Native Northwest said it had been a “gruelling” three-year undertaking to win the lawsuit.
“Canada’s Federal Court has confirmed that the original Sasquatch design was taken, reproduced, and sold knowingly without consent,” Native Northwest stated. “Indigenous art theft is a serious problem, yet there are currently no special laws to prevent fraudulent Indigenous art from being created or sold in Canada. It is our hope that this judgement will provide legal precedent against Indigenous art theft and appropriation to put us one step closer to stopping Indigenous art theft.”
Horne is best known for his carving talents, dedicating more than 50 years to the craft. He also specializes in jewelry and apparel featuring traditional northern style. During a trip to Harrison Hot Springs in 2022, Horne discovered a T-shirt design nearly identical to his own art being sold at Sasquatch Gifts and Souvenirs without his permission.
Horne said the incident and subsequent lawsuit was a call for Indigenous artists to stand up for themselves.
“As soon as we stepped in the door (of the gift shop), lo and behold, there’s my design,” Horne said in a video posted on social media by Native Northwest. “I couldn’t eat after that. It literally made me sick to my stomach. You think ‘Why would they steal this? Why would they steal my design?’”
Native Northwest said they spent months trying to get Horne’s design off the shelf but the company did not receive a “meaningful” response from the Fearons or Sasquatch Gifts and Souvenirs.
Following the announcement of the lawsuit, the Harrison souvenir shop experienced 12 consecutive one-star reviews on Google, bringing their business listing to a 1.5-star rating out of five. As of Monday, the score has improved to 3. The reviews citing the lawsuit appear to have been removed.
The Sasquatch – called “sasq’ets in the local First Nations language of Halq’emeylem – is a significant spiritual figure particularly in the Sts’ailes First Nation, where Harrison Hot Springs is located on their ancient village site of Qwó:íls (which refers to the natural hot spring). Sts’ailes tradition says the sasq’ets, translated into English as “hairy man’, is the caretaker of the land. The sasq’ets is a spiritual being that can not only shape-shift but can move between the spirit and the physical realms at will.