Indigenous culture and pop culture have clashed in court several times in recent memory. Several popular items that have been the subject of such disputes include the Jeep Grand Cherokee and sports teams like football’s Washington Redskins or baseball’s Cleveland Indians. “Hipster” retailer Urban Outfitters is now facing legal troubles over its Navajo line of products for alleged trademark infringement.
Representing about 200,000 Native Americans, the Navajo Nation was not pleased with Urban Outfitters’ line of products that featured Native American prints or the word “Navajo” in their description. Urban Outfitters offered such products as the “Navajo Print Fabric Wrapped Flask,” the “Peace Treaty Feather Necklace” and the “Staring at Stars Skull Native Headdress T-Shirt.” Fearing that consumers would think the products were official Navajo Nation goods, the organization sent a cease and desist letter to Urban Outfitters alleging trademark infringement.
At least at first, Urban Outfitters appeared unapologetic. The company issued a statement that it would not modify or discontinue its Navajo products. Its statement commented that the “Native American-inspired trend and specifically the term ‘Navajo’ have been cycling thru fashion, fine art and design for the last few years.”
Last week, though, Urban Outfitters evidently erred on the side of caution and removed all mention of the word “Navajo” from its products. Whose side are you on? Should Urban Outfitters be able to sell products affiliated with an indigenous group of people? Are the Urban Outfitters products both infringing and culturally insensitive?
Klein Trial Lawyers – Los Angeles business litigation lawyers