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Navajo Sues Urban Outfitters Over Product Names →

The Navajo Nation has sued Urban Outfitters Inc. 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.

The tribe has about 10 registered trademarks on the Navajo name that cover clothing, footwear, online retail sales, household products and textiles. Tribal justice officials said they’re intent on protecting what they believe are among the tribe’s most valuable assets.

“The fame or reputation of the Navajo name and marks is such that, when defendant uses the ‘Navajo’ and ‘Navaho’ marks with its goods and services, a connection with the Navajo Nation is falsely presumed,” the lawsuit states.

Urban Outfitters set off a firestorm of criticism last year with its line of Navajo-branded clothing and accessories — particularly underwear and a liquor flask, which the tribe said was “derogatory and scandalous,” considering the sale and consumption of alcohol is banned on the reservation that spans parts of northeast Arizona, southeast Utah and northwest New Mexico. The company removed the product names from its website after acknowledging receipt of the cease and desist letter.

But the Navajo Nation wrote in its lawsuit that products with the Navajo name still are sold through other company brands, like Free People, in catalogs and retail stores.

The clothing boutique’s website features several pieces of jewelry labeled vintage Navajo with turquoise stones and silver. A description for a handmade cuff says it originally was sold at a trading post, and has etched arrow detailing with a “sterling” stamp on the back.

There was no sign of the word “Navajo” on any products at an Urban Outfitters in downtown Tempe late last week.

The Philadelphia-based company did not respond to messages seeking comment Wednesday.

Company spokesman Ed Looram said in an email last October that Urban Outfitters had no plans to alter its products.

“Like many other fashion brands, we interpret trends and will continue to do so for years to come,” he said. “The Native American-inspired trend and specifically the term ‘Navajo’ have been cycling thru fashion, fine art and design for the last few years.”

He later declined further comment, saying the matter was in the hands of legal counsel.

Susan Scafidi, who directs the Fashion Law Institute at Fordham University’s law school in New York, said Urban Outfitters could point out the name changes in certain items in response to the tribe’s original objections. The “Navajo Hipster Panty” and the “Navajo Print Fabric Wrapped Flask,” for example, later appeared on the company’s website as “printed” instead of “Navajo.”

Other defenses include claiming no likelihood of consumer confusion between an authorized Navajo clothing item and the panty, using alternate spellings of “Navajo” and arguing that the contested product isn’t a handicraft, she said.

But she and New York-based fashion lawyer Joseph F. Murphy Jr., agree the trademark infringement is clear. Both pointed to a history in which the Navajo Nation lost real property and now is fighting to protect intellectual property.

“That’s what disgusts me about this situation,” Murphy said. “I, like many people, thought it would have been resolved. But apparently Urban Outfitters declined to write the big apology and may have to write the big check.”

The Navajo Nation’s objections to traditionally styled beaded earrings or a hacienda bag that don’t carry the tribe’s name are much less likely to succeed, Scafidi said. But she said it shows a pattern that could influence a jury, which the tribe has requested in its lawsuit.

“Imagine all of those products piled on a table in the courtroom, looking like Santa Fe meets New York’s notorious Canal Street or Beijing’s Silk Market,” she wrote in an email.

Tuesday’s action isn’t the first time the Navajo Nation has asserted its trademarks, though it had never taken action in federal court, said tribal Department of Justice attorney Brian Lewis. The tribe successfully forced the cancellation of a “Navaho” trademark last year that was used by a French company doing business in the United States. The tribe argued the name was phonetically identical and infringed on its trademark.

The tribe licenses its name to other businesses in exchange for a share of their profits, and it has identified about two dozen companies it believes are violating the Navajo trademark. Lewis said letters and phone calls typically convince others to stop infringing on the tribe’s rights.

He said the widespread use of the word “Navajo” on products does not make it an acceptable practice, nor does it go unnoticed. But he said the tribe’s resources are limited and the Navajo Nation must prioritize the actions it takes.

“In this case, the level and degree of egregious behavior and harm to the Navajo Nation factored heavily into the Navajo Nation’s decision to act,” he wrote in an email to The Associated Press.

The lawsuit seeks monetary compensation and an order permanently enjoining Urban Outfitters from using the name “Navajo” or variations of it on its products.

*If you’ve been following me for a relatively long time then you know how upset I’ve been over Urban using various Native designs, particularly Navajo designs. When I walked into Urban and saw the flask… I knew something like this, or atleast hoped something like this would happen. Native peoples as a whole have struggled with alcoholism for years, my own father died from it, and they slap our culture on a flask. Personally, I hope Urban suffers in court for this.

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[Source]
You Need to Pay Attention to Michele Bachmann
I know a lot of us aren’t that political, and many haven’t been paying much attention to the Republicans clawing all over each other for the presidential nomination next year, but if you have a Twitter account or read the news you have probably heard of Michele Bachmann, the congresswoman from Minnesota who is quickly floating to the top of the short list of GOP bigots likely to face Barack Obama at the ballot box next year.
You know Bachmann—she’s the one who married her queeny husband Marcus (who runs a clinic that offers “ex-gay” therapy for self-hating homos) after both of them experienced a vision from God. Well, despite the fact that she is a religious extremist with virtually no record of accomplishments in congress besides forwarding her hateful moral agenda, she won the Iowa Straw Poll over the weekend, one of the first real litmus tests to determine who is a “top tier” candidate for the 2010 election.
Here’s the thing about Michele Bachmann: she is not Sarah Palin. She is smarter, she’s more highly regarded, she has a more drive and she has none of Palin’s political baggage. She’s also about twice as crazy.
Want to know just how Bachmann feels about you? Here’s what she said in 2004 re: the gays:
“It’s a very sad life. It’s part of Satan, I think, to say that this is ‘gay.’ It’s anything but ‘gay.’ It leads to the personal enslavement of individuals. Because if you’re involved in the gay and lesbian lifestyle, it’s bondage. It is personal bondage, personal despair, and personal enslavement. And that’s why this is so dangerous. We need to have profound compassion for people who are dealing with the very real issue of sexual dysfunction in their life, and sexual identity disorders.”
Bachmann was faced with this gem as recently as this past weekend, when she appeared onMeet the Press after her Iowa victory, and she stood by it, adding stupidly, “I am not anyone’s judge.” In it, she displays her profound ignorance (or worse, her straight up denial of facts) by calling homosexuality a “dysfunction” and a “disorder”, despite the fact that the American Psychiatric Association declassified homosexuality as a disorder in 1973, with the American Psychological Association following suit a few years later.
We need to face a scary reality, guys. Barack Obama’s approval ratings have dropped below 40 percent, the lowest they have ever been. Meanwhile, Michelle Bachmann, even with her long history of documented bigotry, is well on her way to securing the nomination (with only Texas governor Rick Perry posing much of a threat now, and he’s about as bad as she is). Remember what happened in 2010, when the GOP took back the senate and the house? We need to face the real possibility that Michele Bachmann could be the next president.
She supports a federal ban on gay marriage. She has vowed to reinstate Don’t Ask Don’t Tell. She opposes ENDA, which would defend you from discrimination in the workplace. She thinks the love you share with your partner is Satanic, dysfunctional and sad. Under President Bachmann, you can expect the momentum toward full civil rights we have achieved over the past few years (with little thanks to President Obama, it’s true) to be rolled back. You’d see full Republican control of government, and the introduction and passage of who knows what kind of hateful legislation aimed and subjugating LGBT people even further.
You need to pay attention to Michele Bachmann in the coming months, as she calculates her way to the presidency. And you need to be terrified.

Fuck.

I hope she burns in hell. Fuck her and her husband. “Vision from God” SUCK MY COCK, CUNT. If he didn’t want gay people, then why the fuck did he create them?? How dare they use God.Please fucking die, and she will NOT win. Fuck her.- Sincerely, a straight girl.

this is so fucked, but im glad it has 6,000+ notes… people are reading!
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