Last year, much of Hawaii was shocked to learn a Chicago restaurant chain owner had trademarked the name sa国际传媒淎loha Pokesa国际传媒� and wrote to cubed fish shops around the country demanding that they stop using the Hawaiian language moniker for their own eateries. The cease-and-desist letters targeted a downtown Honolulu restaurant and a Native Hawaiian-operated restaurant in Anchorage, among others.

Now, Hawaii lawmakers are considering adopting a resolution calling for the creation of legal protections for Native Hawaiian cultural intellectual property. The effort predates Aloha Poke, but that episode is lending a sense of urgency to a long-festering concern not unfamiliar to native cultures in other parts of the world.

sa国际传媒淚 was frustrated at the audacity of people from outside of our community using these legal mechanisms to basically bully people from our local community out of utilizing symbols and words that are important to our culture,sa国际传媒� said state Sen. Jarrett Keohokalole, a Native Hawaiian representing Kaneohe and Heeia.

The resolution calls on state agencies and Native Hawaiian organizations to form a task force to develop a legal system to sa国际传媒渞ecognize and protectsa国际传媒� Native Hawaiian cultural intellectual property and traditional cultural expressions. It also seeks protections for genetic resources, such as taro, a traditional crop that legend says is an ancestor of the Hawaiian people and that scientists have tried to genetically engineer in the past.

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The task force would be commissioned to submit its recommendations and any proposed legislation to lawmakers in three years.

The House passed the resolution Thursday. The Senate is scheduled to vote on it Monday.

The Aloha Poke incident echoes past disputes, like when a non-Hawaiian photographer claimed copyright over an image of a woman dancing hula and Disney copyrighted a modified version of a Hawaiian chant used in a movie.

Chicagosa国际传媒檚 Aloha Poke Co. chose as its battleground the word sa国际传媒渁lohasa国际传媒� sa国际传媒� a term meaning love, compassion, kindness as well as hello and goodbye. Itsa国际传媒檚 a term central to how Native Hawaiians treat others and how many in Hawaii sa国际传媒� Native Hawaiian or not sa国际传媒� try to live.

sa国际传媒淚tsa国际传媒檚 traumatic when things like this happen to us sa国际传媒� when people try to take, modify or steal whatsa国际传媒檚 been in our peoplesa国际传媒檚 world view for generations,sa国际传媒� said Healani Sonoda-Pale, chairwoman of the Ka Lahui Hawaii political action committee, who testified in support of the resolution.

Aloha Poke CEO Chris Birkinshaw didnsa国际传媒檛 return messages seeking comment left at his West Madison store in Chicago and on the companysa国际传媒檚 website. The company has stores in Illinois, Wisconsin, Minnesota, Florida and Washington, D.C.

Aloha Poke Shop in Honolulu initially ignored the Chicago companysa国际传媒檚 letter, said co-founder Jeff Sampson. When the issue burst into the news, he and his partners had an attorney write their Chicago counterpart saying they wouldnsa国际传媒檛 change their name. They explained there would be no confusion between their businesses because they operated far from the mainland companysa国际传媒檚 stores.

But Tasha Kahele, who is Native Hawaiian, has spent nearly $10,000 so far changing her Anchorage storesa国际传媒檚 name to Leisa国际传媒檚 Poke Stop after receiving one of the letters.

Native Hawaiian experts note theresa国际传媒檚 a cultural clash underlying much of this. Modern European-based traditions use trademarks, copyright and patents to create economic incentives and rewards for creating knowledge and culture. Indigenous culture, on the other hand, is often passed on through generations and held collectively.

sa国际传媒淭heysa国际传媒檙e never going to sit nicely together in a box,sa国际传媒� said Kuhio Lewis, the CEO of the Council for Native Hawaiian Advancement.

It will be difficult to determine who would decide who can use Native Hawaiian culture and who would be able to use it. Limits may violate the First Amendment of the U.S. Constitution. The task force will have to explore who can do what, Lewis said.

sa国际传媒淎t the least, they need to have some cultural sensitivity about how itsa国际传媒檚 used. And they need to know you cansa国际传媒檛 be telling Native Hawaiian businesses they cansa国际传媒檛 use their own language,sa国际传媒� Lewis said.

The resolution points to potential models in New Zealand and Alaska, which both created signifiers that indigenous people may place on their art as a mark of authenticity.

Marie Texter of Anchorage said her late father Andy Makar sa国际传媒� who drew, made carvings from tusks, cottonwood and horns, and sewed animal skins sa国际传媒� was a strong believer in the Silver Hand seal for Alaska Natives.

sa国际传媒淗e said this is a great program because so many times the Native artwork gets commercialized or used by someone else,sa国际传媒� she said.

He had to fill out proof of his Indian blood sa国际传媒� he was mostly Yupsa国际传媒檌k but his mother was Athabascan sa国际传媒� to apply.

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But Rosita Worl, president of Juneau-based Sealaska Heritage Institute, said not all Alaska Native artists apply for or use the emblem. Nor does the program deter the sale of bogus Native art made overseas, she said. It also lacks enforcement and publicity, she said.

Charles E. Colman, a University of Hawaii law professor, said such programs hold up under federal law because they donsa国际传媒檛 prohibit people from making work that resembles indigenous art. They merely wonsa国际传媒檛 allow people to say their work is produced by an indigenous person if itsa国际传媒檚 not.

Colman believes the Aloha Poke situation, on the other hand, could be addressed within existing trademark law.

He believes the Chicago companysa国际传媒檚 trademark could be cancelled if challenged because itsa国际传媒檚 not so well-known that its name has developed a secondary meaning the way the words in the retailer name sa国际传媒淏est Buysa国际传媒� have, for example.

sa国际传媒淵ou cansa国际传媒檛 just register a descriptive phrase unless yousa国际传媒檝e achieved a certain amount of public recognition,sa国际传媒� he said.

Audrey McAvoy, The Associated Press

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