Navajo Should Aim Higher Than Court Victory

Fashion Law Center Legal Editorial

 

                      Urban Outfitters’ controversial “Navajo Hipster Panty”

In its recent lawsuit against Urban Outfitters for the unauthorized use of the Navajo Nation’s trademarks, the Navajo Nation risks winning a limited or even counter-productive victory.  The underlying issue in this case is too important  (the global exploitation of the intellectual property of indigenous peoples) to be fully resolved in a courtroom.

Urban Outfitters has certainly been guilty of a major public relations gaffe and it seems likely that they have committed trademark infringement and dilution as well, among other things.  However, a court victory by the Navajo Nation will do little to address the broader problem, which is that corporations profitably exploit the cultural heritage of indigenous peoples but then do nothing to compensate or reward those indigenous peoples.

Both Urban Outfitters and the Navajo Nation would be wise to resolve this conflict amicably and with a mutual commitment to productive cooperation, such as in a long-term sponsorship or partnership.  Urban Outfitters, in particular, should consider the downside of continuing on an adversary path and risking a consumer backlash or boycott. Continue reading

Better Hold Your Horses, Urban Outfitters . . . The IACA Provides Significant Protection for Indian Arts and Crafts

Trademark law is only part of the previously-reported case the Navajo have brought against Urban Outfitters.  (For a general view of that complaint, see this site’s earlier posting click here. The Federal Indian[1] Arts and Crafts Act (IACA) (25 U.S.C.A. § 305) is part of the basis for the Complaint that the Navajo Nation filed against the retail apparel holding company Urban Outfitters, Inc. in the United States District Court for the District of New Mexico (NAVAJO NATION, et al. v URBAN OUTFITTERS, Inc., et al.; case 1:12-cv-00195, filed 02/28/12).  In addition to violation of the IACA, the Complaint alleges numerous other causes of action, i.e.: 1) Trademark Infringement pursuant to the Lanham Act’s Section 32; 2) Trademark Dilution pursuant to Lanham Act’s Section 43; 3) Unfair Competition pursuant to Lanham Act’s Section 43; 4) Violation of the New Mexico Unfair Practices Act.  This post will concern itself with the IACA, as it is the least-widely-known law involved, and thus most needs explanation to the public, including readers of www.fashionlawcenter.com. Continue reading

Navajo Nation sues Urban Outfitters for Trademark Infringement, and much more . . .

Navajo Nation Urban Outfitters Pictures

To see the full text of the Complaint, click here: Navajo Nation versus Urban Outfitters

As reported in an Associated Press (AP) story by Felicia Fonseca, this week the Navajo Nation sued Urban Outfitters Inc. months after the Navajo tribe had sent a cease and desist letter to the clothing retailer Urban Outfitters, Inc. demanding it remove the “Navajo” name from its products.

The lawsuit, filed last Tuesday in the United States District Court in the State of New Mexico, alleges infringement of federally registered trademarks, violations of the Federal Indian Arts and Crafts Act, special legislation that gives special protection to its subject matter; this protection is in addition to the protection given by more familiar intellectual property laws, such as those governing Registered Trademarks.

According to records of the United States Patent and Trademark Office (USPTO), the Navajo Nation and its affiliates have approximately ten (10) already-registered trademarks on the word mark “NAVAJO” name. These Registered Trademarks cover clothing, footwear, online retail sales, household products and textiles. The Navajo Nation has indicated it will strive mightily to protect what it believes are among the Navajo Nation’s most valuable assets – its intellectual property, including the Registered Trademarks in the lawsuit. Continue reading