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Wednesday, February 29, 2012

Design / Retail / Fashion / Indian Country I Really Fucking Hope They Win

Posted by Anna Minard on Wed, Feb 29, 2012 at 2:41 PM

This is probably my favorite news story of the week: The Navajo Nation is suing Urban Outfitters over their use of the word "Navajo" on a line of (shitty, shitty) products. The tribe sent a cease-and-desist letter months ago, but says that while some of the product names have been changed (like the underpants and the FLASK—no, I'm not joking), others are still being sold through other brands and outlets.

The lawsuit filed late Tuesday in U.S. District Court in New Mexico alleges trademark violations and violations of the federal Indian Arts and Crafts Act, which makes it illegal to sell arts or crafts in a way to falsely suggest they're made by American Indians when they're not.

The tribe has about 10 registered trademarks on the Navajo name that cover clothing, footwear, online retail sales, household products and textiles. Tribal justice officials said they're intent on protecting what they believe are among the tribe's most valuable assets.

I can't wait to see how this plays out. It looks like they have a seriously legitimate trademark law case.

Thanks, Slog Tipper Lindsay!

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Comments (12) RSS

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I agree Anna.

Posted by Phoebe in Wallingford on February 29, 2012 at 3:15 PM

uh oh. Watch out Jeep Cherokee

Posted by yumyum74 on February 29, 2012 at 3:45 PM

Thanks Anna, I agree that they seem to have a colorable claim, and I hope it makes Urban Outfitters stop being such a bunch of assholes.

Posted by Luckier on February 29, 2012 at 4:00 PM

Does the Mohawk nation (or the Mohican nation, based on European usage) have a claim against people with ugly Mohawk/Mohican hairdos?

Posted by YakHerder on February 29, 2012 at 4:07 PM

Oh, please let them win. I'll never forget my shock and awe, walking into Urban Outfitters last summer when all this shit started.

"Fashion". Where are the Leigh Bowery's? Can't anybody form a slightly original thought in their heads?

Posted by Kelly O on February 29, 2012 at 4:40 PM

@2, @4: it's not a generic "you can't use our name" thing; it's a specific trademark protection. The Navajo registered the name "Navajo". That's what makes Urban Outfitters look like they're going to lose here. I could be wrong, but I don't think "Cherokee" or "Mohawk" are trademarked.

Posted by Fnarf

on February 29, 2012 at 4:44 PM

@6 has it right. TM's only cover specific goods, too. And this blurb tells us all we need to know: The name "Navajo" can't be used to brand clothing, it's already been TM'ed.

Posted by More, I Say! on February 29, 2012 at 4:46 PM

Totally agree. Let's make 'em drop urban, too: The Mallfitters.

Posted by T-Townj on February 29, 2012 at 5:03 PM

Urban Outfitters stuff really sucks ass.

However, this is a dumb fucking lawsuit. No one ACTUALLY believes any of this shit was made by tribes people (we all know they don't work outside the res).

And why is flask in CAPS? Because Native Americans have a drinking problem? Ya, they do. They have a drinking problem because we allow them to stock and sell liquor with almost no regard for regulations that non native businesses must cater to.

Stop being so fucking righteous. What we did to them was reprehensible, but this is stupid bullshit. Just looking for an easy buck and recognition as they have been doing for the past 50 years now.

Also, Mazda does have a car called the Navajo. Was that ok because it wasn't a big seller? They don't care about there name, they just want $ and attention. I guess really not that much different than any other race.

Posted by boogens on February 29, 2012 at 6:49 PM

This isn't the first time that Urban Outfitters has stolen someone else's trademark or original work. Most of the time it's freelance artists who don't have the resources to sue. UO knows this and takes advantage of it.

Posted by SPG on February 29, 2012 at 7:43 PM

It's about trademarking. The Navajo tribe was smart enough to trademark their name as it applies to these categories of goods. It has nothing to do with your little bitch, there number 9. Pure business, and Urban Outfitters should lose based on the law affecting trademarks. Don't name your stuff "Navajo." Pretty easy, unless you are a good for nothing hack business like Urban Outfitters who also made the mistake of not bothering to check to see if there was a trademark.

Urban Outfitters made a really stupid business mistake and should pay the price that really stupid businesses pay, number 9. And that is to get the pants sued off of them while also inviting them to sit and spin.

Posted by lauramae on February 29, 2012 at 8:10 PM

i really doubt anyone thinks the navajo's made the crap , every one know's indian's are lazy drunk's that don't work .

Posted by whatsbeckgottadowithit on March 1, 2012 at 12:38 AM