Navajo Nation Fights Urban Outfitters Over 'Disrespectful' Clothing Line

Urban Outfitters' line of Navajo-branded clothing and accessories has set off a firestorm online and within the Navajo Nation government, with allegations of trademark violations and criticism of the products -- particularly underwear and a liquor flask -- that many tribal members consider disrespectful.Native American-inspired prints have shown up on runways for years, and it's common for designers to borrow from other cultures.But the Navajo government's issue with Urban Outfitters is the clothing chain's use of the name "Navajo" on its products and in marketing. The tribe holds at least 10 trademarks on the name that cover clothing, footwear, online retail sales, household products and textiles.
The tribe's Department of Justice sent Urban Outfitters CEO Glen Senk a cease-and-desist letter in June, demanding that the company pull the Navajo name from its products. The tribe has received no response but says it remains "cautiously optimistic" it can persuade Urban Outfitters to adopt another name and trademark."When products that have absolutely no connection to the Navajo Nation, its entities, its people, and their products are marketed and retailed under the guise that they are Navajo in origin, the Navajo Nation does not regard this as benign or trivial," said Brian Lewis, an attorney for the tribe.Cheap Pretty Prom Dresses - Don't Spend An Arm And A Leg This Prom. "It takes appropriate action to maintain distinctiveness and clarity of valid name association in the market and society."
Urban Outfitters, which has stores across the country and overseas, said it has not heard from the Navajo Nation and has no plans to alter its products."Like many other fashion brands, we interpret trends and will continue to do so for years to come," company spokesman Ed Looram said. "The Native American-inspired trend and specifically the term `Navajo' have been cycling through fashion, fine art and design for the last few years."
While the Navajo Nation has not threatened legal action, law professor Bill Hennessey thinks it has a strong case. He said the tribe could argue the products cause confusion among customers about who manufactured them.
"If you're going to maintain control over your mark, the more quickly you bring an action against the infringer, the more likely the federal court is going to grant an injunction order prohibiting Urban Outfitters from continuing to use the word `Navajo,"' said Hennessey, who teaches at the University of New Hampshire's Franklin Pierce Center for Intellectual Property.