Brentwood 3/7/2012 5:01:15 AM
News / Health & Wellness

Navajo Nation Sues Urban Outfitters Over Offensive Flask

The Navajo Nation is taking the retailer to court, claiming copyright infringement and the derogatory naming of a flask that could perpetuate a negative stereotype.

Alcoholism is an admitted problem among the Native American population, with nearly 12 percent of deaths among Native Americans and Alaska natives are alcohol-related — more than three times the percentage in the general population. Those findings are part of a 2008 federal report issued by the Centers for Disease Control and Prevention. The study found that 11.7 percent of deaths among Native Americans and Alaska Natives between 2001 and 2005 were alcohol-related, compared with 3.3 percent for the U.S. as a whole.

It’s a trend Native American groups are eager to change, but the public doesn't always make it easy. It’s become a stereotype, one that continues to be fought against. The latest battle is between the Navajo Nation and Urban Outfitters.

CNN recently reported that the Navajo group is suing the trendy retailer for trademark infringement. The lawsuit alleges that Urban Outfitters' use of the name "Navajo" in its products "deceives and confuses consumers" and "is designed to convey to consumers a false association or affiliation with the Navajo Nation, and to unfairly trade off the fame, reputation, and goodwill of the Navajo Nation’s name and trademarks."

While the suit lists a number of products from silver jewelry, backpacks and tote bags to shirts and even underwear, the Navajo Nation seems particularly upset by the marketing of a flask as "Navajo Flask," calling this especially "derogatory and scandalous," because the Navajo Nation expressly forbids its name to be used in connection with products related to alcohol and bans the sale, manufacture and consumption of alcohol within its borders.

The Navajo Nation is asking for monetary damages, a share of the profits made on falsely branded products and an injunction that would forbid Urban Outfitters or any of its subsidiaries from using the name "Navajo" in its products or marketing materials.

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