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Law Article: Navajo Nation wages battle over 'Navajo' products

Friday, May 22, 2015

Urban Outfitters was using the "Navajo" name on products without the Navajo Nation's permission. The goods weren't Indian produced either. Image from CULTURS

Attorney Tiffany Blofield looks at the ongoing battle between the Navajo Nation and retailer Urban Outfitters over the marketing "Navajo" products without the tribe's consent:

Battles continue to wage over use of the “Navajo” and “Navaho” marks in New Mexico federal court. The Navajo Nation (“the Nation”) sued Urban Outfitters and its subsidiaries, including one of my favorite retailers, Anthropologie, (collectively “Urban Outfitters”) in 2012. The suit is now heating up with motion practice. The complaint alleges that Urban Outfitters violated the Lanham Act by infringing their trademarks, unfair competition and diluting their trademarks. The Complaint further alleges Urban Outfitters violated the Indian Arts and Crafts Act and New Mexico state law.
In at least as early as March 2009, Urban Outfitters began using the “Navajo” and “Navaho” marks in product lines or to sell goods. These goods included clothing (see below), jewelry, footwear, handbags, caps, gloves, undergarments and flasks. These marks, the Nation alleges, evoke the Navajo Indian Tribe’s tribal patterns.
Urban Outfitters defends the lawsuit, alleging, among other things, that the NAVAJO® mark is generic and therefore not protected under the Lanham Act. Specifically, Urban Outfitters assert the mark is generic for a fashion trend or groups of goods. Further, Urban Outfitters asserts that the Nation has abandoned the marks.
The Nation brought a summary judgment motion on its trademark infringement claim. It offered a consumer survey showing customers recognize the mark as referring to authentic goods associated with the Natio

Get the Story:
Tiffany Blofield: Use of NAVAJO – Is Urban Outfitters Infringing or Not? (JD Supra 5/22)