Navajo Nation sues Urban Outfitters

HT Chris Sprigman.  The complaint, Navajo Nation v. Urban Outfitters, Inc., No. 1:12-cv-00195-LH-WDS (D.N.M. filed Feb. 28, 2012), alleges trademark infringement and dilution and violation of the Indian Arts & Crafts Act through Urban Outfitters' sale of various products with "Navajo" in the product description.  Perhaps reflecting the recent struggles to invalidate others' registrations, the complaint repeatedly calls Urban Outfitters' products "scandalous," though the closest actual cause of action is dilution by tarnishment.  I'm surprised the complaint didn't specifically discuss the Free People "Intimately Navajo Sock," but the flask and the hipster panty come in for a bunch of outrage too.

Aside from the obvious issues of trademark v. descriptive use, I was struck by these paragraphs:

114.    The injuries suffered by the Navajo Nation include, but are not limited to, advertising injuries arising out of Defendant's misappropriation of the Navajo Nation’s advertising ideas and styles of doing business.

115.    The injuries suffered by the Navajo Nation include, but are not limited to, disparagement of its products and advertising injuries, and web-site injuries arising out of Defendant's disparagement of the Navajo Nation’s products.

116.    The injuries suffered by the Navajo Nation include, but are not limited to, advertising injuries and web-site injuries arising out of Defendant's infringement of title by falsely suggesting and misrepresenting that its products are Indian made, when they were not.

So, plaintiff wants to trigger defendant’s insurance coverage, eh?