Navajo Nation sues Urban Outfitters

AP/Yahoo News ^ | 2/29/12 | FELICIA FONSECA

[Kartographer]

The American Indian tribe Navajo Nation has sued Urban Outfitters months after the tribe sent a cease and desist letter to the clothing retailer demanding it pull the "Navajo" name from its products.

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.

[P-Marlowe]

I believe “Navajo” was in common use long before anyone applied for a copyright. The law-maggots might not care and the Pharisees they work with will rule “no” but common use is fair use in any reasonable mind.

First of all it is a TRADEMARK and not a copyright. Trademarks do not expire. Copyrights do. The Navajo Nation has a legitimate recognized trademark for their hand crafted items that they want to protect and this law only applies to arts and crafts and not to generic items.

For instance, if you wanted to use the term Navajo for a brand of motorcycle, then the trademark restriction would not apply.

I side with the Navajo's on this one.

[muir_redwoods]

Can you prove or demonstrate that the Navajos coined the term “Navajo”? After all, the Irish didn’t call themselves “Irish”, the Germans don’t call themselves “German” and the Scots were name that by the Romans.

Just asking

[Quigley]

Thanks for that information. It probably explains it.

[Bubba Ho-Tep]

The Navajo invented the name Navajo and they have a right to protect the value of their brand, particularly as they have a law backing them up. I think they have a good case.

The word "Navajo" comes from a Pueblo language word for "fields beside a ravine," and was adopted by the Spanish to refer to the people who called themselves the Diné. "Navajo" isn't even from the same language group, since they speak an Athabascan dialect and the Pueblo language is from the Kiowa-Tanoan group.

[Osage Orange]

You know I've been a dumb ass many times......

Here's your words that I replied to, "Indians are hypocrites and half the junk they sell is made in China."

Put that in your China pipe and smoke it!

[xzins]

Especially if Urban Outfitters is intentionally or unintentionally giving the impression they are dealing in authentic Navajo arts, crafts they are seriously at fault.

In addition to a Trademark violation it is also deceit.

[Osage Orange]

Pretty much agree with you....on this point.

[Osage Orange]

What about Potawatomi green?

[elcid1970]

“I ask the beautiful young Cherokee girl behind the counter if they really made that item”

How do you think she got the job? Her looks gave her unimpeachable credibility.

BTW as noted, the design of the statuette may indeed have been authentic if not the place of manufacture.

[Bender2]

“That's why at the Little Big Horn, I commanded, ‘Take... no prisoners!”

And how, General Custer... did that work out for ya?

If red X above go to http://www.rmichelson.com/Artist_Pages/MGnatek/Custer.jpg

[Tallguy]

While there are tribal industries on the larger reservations it was pretty unlikely that there was a ceramic operation mass-producing figurines. I’d cut the clerk a break. They may have been hand-painted only.

[NativeSon]

FWIW, the Navajo Tribe are not a bunch of knee-jerk liberals like many other Native American tribes. It would be nice if some Freepers did a little actual research before they went off throwing slime and racist stereotypes.

That's a good analysis. I find amazing how many folks here seem to plain not like American Indians but will bend over backwards to defend other peoples/religions/special interests.

My family is Navajo, they fought and died on this land and fought and died on lands far from home for our country. Many Navajo can claim the same and much more - why should they not enjoy the same rights and protections that others enjoy?

[LikeARock]

So you’re predicting bad news for my new business, the Coca-cola Cola Company?

[NativeSon]

The word "Navajo" comes from a Pueblo language ..

The true name of the Navajo is Dine' it means "the people". Many Indian names are not what those people actually call or called themselves but have grown to accept the new monikers over time - especially if it was written in Treaties with the US Government.

[The Shrew]

I’ll pay attention to their claims when they file their lawsuit in the native Navaho alphabet.

Oh. That’s right. There isn’t one. That’s why they are using OURS.

However, their spoken language has been very useful to The United States of America. Navajo Code Talkers or a more abbreviated version: Navajo Code Talkers

Semper Fi,

TS

[ridesthemiles]

Years ago, the Federal Government tried to get members of the Navajo community to have their own manufacturing facility of HORSE TRAILERS.

I don’t know exactly how long this facility was in production, but I do actually own a 1974 NAVAJO 2 horse straight load bumper pull trailer.

Some of the workmanship is a bit rough, but it was built like a tank.

The story I got was that after a couple of paychecks, they could NOT get the Navajo workers to continue coming to work, building this product.

I don’t know how true that comment is.

I still have the trailer, altho after it has sat for 4 + years, I probably have to buy new tires to take it any distance. For sure, the bearings will have to be checked & possibly repacked.

[Tallguy]

I was doing some contract work for a findings company west of Albuquerque, NM. They made silver jewelry settings for their local jewelry makers. Pretty substantial operation and most of the workers were Navajo. Pretty nice operation. Factory supported a major store front sales operation as well as a catalog distribution effort.

[Vigilanteman]

There is no demographic group in the country which has a higher proportion of their members serving in the U.S. Armed Forces throughout the ages than ours. Not even white guys in trailer courts in the south, who probably come in second.

[Fightin Whitey]

I hear you.

Fact is, I think it’s stupid for Urban Outfitters to appropriate the Navaho tribal name for their fashion crap as well.

But if the Navaho tribal leaders have the name trademarked, then they don’t have a problem. If they don’t have it trademarked, then they are trading on the usual special-sensitivities claim that exempts them from the rules the rest of us play by.

My daddy’s family is Danish. I don’t get a kickback from the sweetrolls the local bakers sell in the morning, nor from the furniture stores for the “contemporary” tables and chairs they sell.

Likewise there is a college up the road that plays under the nickname “Vandals,” and none of my German ancestors on my mother’s side raise a fuss about that, even though the North Dakota Fighting Sioux sports team (the other way down the road) catch all manner of national grief because that fine and noble honorarium is considered horribly racist.

A grown-up gets tired of that kind of whining.

FRegards to you, Marine

[Vigilanteman]

Don't know about horse trailers, but where the Navajo really shine is weaving and silver jewelry. If the Navajo actually designed the horse trailer, I would bet their priority was on durability and not workmanship.

Just like the Singaporeans build superb hard drives but probably not great gas turbines.