Fashion takes inspiration from a limitless variety of sources, from cultural trends to the natural world. Unfortunately, “taking inspiration” from a source can look a lot like stealing. One of the most recent trends is the use of designs inspired by traditional Navajo culture. It apparently really took off last year with Proenza Schouler’s spring collection, and spread, as such things do, throughout the fashion community. Elements like earth tones and geometric “Southwestern” designs led inevitably to “Indian” clichés such as fringe and turquoise jewelry. From there the trend spread to mass-market store chains such as Urban Outfitters.

Urban Outfitters may have forgotten that hey, Navajo actually exist, when they began selling items like the Urban Outfitter Printed Hipster Panty. While I’m sure it’s nice, as panties go, it’s the sort of item that makes conservative elements like the traditionalist Navajo being imitated here sit up and take notice, and not positively. Last year, the Navajo Nation made contact with Urban Outfitters and began trying to get them to remove the targets; they met with mixed success, which a colleague of mine covered here. Urban Outfitters removed the Navajo name from its own products in many cases, but kept other products available through alternate sources like catalogues and the Free People website, which is controlled by Urban Outfitters. The Navajo Nation officially filed suit in February for trademark infringement and violation of the Indian Arts and Crafts Act.

The Navajo Nation has trademarks containing the name Navajo, which it uses to market its own goods and services. They argue that by using the name “Navajo” in a product line, Urban Outfitters is falsely suggesting a connection with the Navajo Nation. This would violate 15 U.S.C. 1052(a), section 2(a) of the Trademark Act, which would bar the registration of any mark that falsely suggests a connection with a person, institution, belief or national symbol. If Urban Outfitters has a registered trademark in its Navajo product lines, the lawsuit could cancel that registration. In terms of the general infringement suit, the Navajo Nation will have to prove “likelihood of confusion”, which courts evaluate based on several factors (varying in details from jurisdiction to jurisdiction) including the strength of the marks in question, evidence of actual confusion between the marks, the similarity between the marks and the marketplace in question. While we don’t necessarily know all the details, including what products the Navajo Nation uses, Urban Outfitters is using the same word as a well-known, independent sovereign entity within the US, and that’s hardly a good sign. As to the last count, the Indian Arts and Crafts Act prevents the suggestion that a good is of authentic Native American manufacture when it isn’t. The latter claim seems weak to me (although I’m not familiar with the law of the Act specifically), because it’s unlikely someone seeing “Urban Outfitter Printed Hipster Panty” is an official Navajo Nation product.

The whole case shows some of the US’s odd relationship with Native Americans. Keep in mind that the Navajo don’t dress in this “Navajo” style anymore. The sorts of designs that inspired the fashion world’s brief fascination with the Navajo would today mostly be seen in official ceremonies or other highly traditional gatherings. Of course, this only makes the treatment more irritating to those who value these traditions.