California Trademark Attorney - California Trademark Lawyer

California - In a surprising and unexpected move, Hulu recently announced that it has withdrawn its opposition to Dish Network's "TV Everywhere" trademark application with the United States Patent and Trademark Office. Hulu and Dish Network would not comment on any specific details of the settlement between the two companies. However, in the filings with the USPTO, Hulu reserved "...all of its rights, claims, remedies and defenses with respect to anyone's ability to use and/or register the term 'TV Everywhere'."

Dish Network initially filed a trademark application for "TV Everywhere" in September 2009. However, the application was immediately challenged by top cable operators including Comcast, Time Warner Cable, Cox Communications, Charter Communication & Cable Vision Systems, DirecTV and Time Warner. Hulu had previously argued that Dish Network should not be granted a trademark registration on a slogan that was considered a standard industry term by most cable companies. Furthermore, the term was a generic reference that was already being used by third parties descriptively in commerce in reference to subscribers of cable, satellite and other television services.

These subscribers could access and watch video content on devices such as phones, laptops, tablets, PCs and gaming consoles, among others. In contrast, Dish Networks claimed that it had been using the term for a number of years to create a commercial impression for the trademark. Consequently, it asserts that the consuming public recognizes the trademark "TV Everywhere" as a source indicator for Dish Network's services. The term is also currently being used to promote Dish Network services for Slingbox products, DishOnline.com and Blockbuster @ Home hybrid services.

California - Everyone's eyes have been on NBA hopeful Anthony Davis lately for more than his hoop skills. Davis, the number one NBA draft pick, has a 'unibrow' that he refuses to get rid of. In fact, he is so proud of the look that Davis recently filed trademark applications with the U.S. Patent and Trademark Office for the phrases 'Fear the Brow' and 'Raise the Brow'.

The 19-year-old didn't waste any time to jump on the phrases pertaining to his signature look. Maybe it was a lesson learned from the New York Knicks star Jeremy Lin and the phrase 'Linsanity' that became a frenzy of its own earlier this year. Multiple people filed trademark applications for the phrase 'Linsanity' to make a buck off of the point guard. However, in the end the USPTO determined that Jeremy Lin was entitled to the rights of the trademark.

This is not the first time that someone has been known for his or her facial hair. Frida Kahlo, a painter, is a historical icon that among other things was known for her famous self-portraits that included her unibrow. Also, San Francisco Giants pitcher Brian Wilson became known for not only his pitching talent but also his beard to which the phrase "Fear The Beard" started in 2010. Wilson also filed a U.S. trademark application on December 1, 2010 for the phrase.

Davis, the 6'10" power forward and center said of his facial feature, "I don't want anyone to try to grow a unibrow because of me and then try to make money off of it. Me and my family decided to trademark it because it's very unique."

The U.S. trademark application number 85,642,988 for 'Raise The Brow' was filed on June 4, 2012 and application number 85,643,417 for 'Fear The Brow' was filed on June 5, 2012. Both applications were filed as 'intent to-use' applications in international classes 3, 16, 21, 25, 35 and 41. These classes include goods and services such as aftershave, shaving preparations, bumper stickers, shoes, and charitable and entertainment services.

In April, Davis led the University of Kentucky to the national championship and was selected by the New Orleans Hornets this year. Davis stated regarding his now famous feature, "It changes none whatsoever when I'm in the NBA - I'm not going to change who I am. It's me."

California - On June 12, Bryce Harper, a right fielder for the Washington Nationals, uttered the instantly popular "That's A Clown Question, Bro" catchphrase after a game against the Toronto Blue Jays. Harper, who happens to be 19 years old and Mormon, was asked after the game if he would enjoy a beer. With a great deal of annoyance, the Nevada native answered, "That's a clown question, Bro!" In all fairness, the reporter was Canadian and the drinking age in his hometown is only 18. However, the viral buzz instantly caught on, the phrase started popping up everywhere and Harper's camp quickly filed for the phrase with the USPTO on June 13th.

The filing states that the phrase is being registered for use with t-shirts, sweatshirts, jackets, pants, shorts, hats, visors, gloves and shoes. Under Armour, a well-known sports clothing company, is set to begin manufacturing and selling t-shirts bearing the phrase immediately. Additional items will be produced if Harper's management determines that they will sell well. However, given the popularity of Harper and the viral phenomenon, it is likely that the t-shirts and any additional memorabilia bearing the now popular statement will quickly sell out.

Beer was not listed in the trademark application and Denver Beer Company is taking advantage of that fact by beginning sales of a beer named after the phrase. The beer, appropriately named Clown Question Bro Canadian Lager, is set to be on tap in time for the Colorado Rockies series against the Washington Nationals this week and is only being offered in Denver. Priced at five dollars for a 16-ounce draft beer, the brewery claims that the beer will not be offered long term. The Denver base beer company does not anticipate any issues with Harper management regarding the phrase, but they have a back up plan just in case. The beer name will quickly be changed to Clown Question Brau if Harper insists that the beer company stop using the registered phrase.

California - The world's largest automaker, General Motors, has filed a trademark application with the U.S. Patent & Trademark Office for 'Electra'. The application was filed on June 5, 2012 for "motor land vehicles, namely, automobiles, sport utility vehicles, trucks, vans, engines therefor and structural parts thereof." Although General Motors has been through the ups and downs with the U.S. economy, it remains a huge player in the auto industry.

This will be the second time that GM has pursued the trademark 'Electra'. The automobile giant was first granted ownership of the trademark on November 21, 1989. GM used the trademark for "motor vehicles, namely, automobiles, engines therefor, and structural parts thereof", almost identical to its most recent application filed in June of 2012. The trademark registration for 'Electra', number 1,567,028 was cancelled as of May 28,1996 and along with it went the Buick Electra. Although a fond but distant memory, the Buick Electra put in its time as one of Buick's luxury vehicles for thirty years. This Buick model appealed to many due to its various styles that included a convertible, sedan, and a coupe.

It has been 16 years since the original trademark registration for 'Electra' was cancelled and now enthusiasts are eagerly awaiting to see just what will come of GM's trademark application. Since GM filed the application under section 1(b) - intent to use, this requires GM to have "a bona fide intent to use the trademark in connection with the goods or services listed in the application." This requirement is based on Chapter 37 of the Code of Federal Regulations, Part 2.

The question at hand is if GM will bring the Buick Electra back from the dead with a new age model or will GM surprise us all by using 'Electra' for a new electric model vehicle. Could it be that GM is using a new and upcoming 'Electra' to go electric? Although GM filed in Class 1(b) it has also been rumored in the auto world that the leading auto company filed the trademark 'Electra' mostly head off other automakers from using the once popular vehicle model name.

California - The U.S. Military has recently revoked its authorization for use of military trademarks on bibles. In a statement, Navy officials reported that its trademark licensing division underwent a complete revamping in 2011. After reviewing all of its existing trademark agreements, it determined that the use of Navy trademarks on bibles did not meet the new standards. As a result, LifeWay, the company who publishes the military bibles, was notified that its trademark agreement would not be renewed. The Air Force Trademark Licensing Program claims it also withdrew its approval for trademark use in 2011. The Air Force did not allow for the depletion of existing stock, but specified that all copies must be immediately removed. Army and Marine Corps officials made no official comment, but its approvals were also withdrawn.

The Military Religious Freedom Foundation (MRFF) is claiming responsibility for the recent decision regarding the bibles. MRFF claims that it asked for removal of the bibles after receiving over 2000 separate complaints from military personnel. MRFF argues that sanctioning these bibles was a direct conflict with the United States Constitution, as well as a violation of Department of Defense regulations. According to military policy, endorsement of any non-federal entity is strictly prohibited. With that policy in mind, use of military trademarks on the covers of these bibles made the Holman Christian Bible appear as though it was the official bible of the U.S. Military. Because of the current U.S. conflict with fundamentalist Muslims in the Middle East, MRFF also claims that use of the military logos creates a security threat. MRFF insists that the conflict is a cosmic war between Jesus and Allah, and thus military endorsement of bibles is a national security issue.

Despite MRFF claims, the Department of Defense claims that removal of the bibles was strictly the result of a re-evaluation of trademark agreements and policies. However, some religious groups are calling this recent decision a cowardly move. These groups argue that military personnel from as far back as George Washington have used the bible and other religious texts for encouragement and counsel. They are calling removal of the military bibles a "reckless assault on religious liberty" and are demanding a congressional investigation.

The military-themed bibles are a product of B&H Publishing, owned by LifeWay Christian Resources of the Southern Baptist Convention. Lifeway publishes four versions of the Holman Christian Standard Bible, one each for the Army, Air Force, Navy and Marine Corps. Covers for each specific branch of the military include the name and insignia for each specific branch. The bibles reportedly offer devotional material and prayers for military personnel. LifeWay told Fox News Radio that it received authorization to use the official U.S. Military trademarks in 2003. However, it received notice last year that the authorization was being withdrawn. After selling existing copies, B&H replaced the official insignias with generic ones which it claims continue to sell well.

California - The fight between U.S. and Cuba over use of the trademarked Havana Club name in the U.S. appears to be nearing an end. Although it is currently distributed in over 120 countries, Havana Club rum was never distributed in the Unites States, because Cuba refused to allow the brand name to be sold or licensed within the borders of its bitter rival.

The trademark "Havana Club" came up for renewal with the United States Patent and Trademark Office in 2006, but Cuba has since been unable to renew the trademark. Cuba claims that the U.S. Treasury Department Office of Foreign Assets Control, which enforces the embargo, has not issued the license allowing Cuba to make the $200 renewal payment. Cuba subsequently sued the U.S. government over the issue and lost. The decision against Cuba was handed down on May 14th, beginning the 30-day countdown for the period in which the USPTO can cancel registration of the trademark. Under the 30-day timeline, the Havana Club trademark could expire and be available for new registration in the U.S. as early as June 13th, 2012.

Bacardi, the well-known distributor of rum, currently bottles a rum product that it calls Havana Club Rum. The limited quantity rum product has been distributed in Florida only, but Bacardi has announced plans to expand its sales into other states. However, Cuba considers the use of its brand name in the United States unauthorized, and accuses the U.S. of underhanded maneuvers. If its trademark is allowed to expire in the United States, Cuba promises retaliation against U.S. trademarks currently protected on the island. However, since most U.S. goods are barred from being sold in Cuba under the 50-year embargo, these threats seem hollow. This is not to say that Cuba's threats are all bark and no bite. Even with the current embargo limitations, owners of many popular trademarked food items could still face costly litigation to win back trademarked rights once the embargo is lifted.

Despite its recent loss and struggles over the use of the Havana Club name in the U.S., Cuba vows to continue fighting for its brand name. Proactive steps have been taken to allow the Havana Club rum formula to be sold under an alternate brand name that has already been registered with the USPTO. The French company who handles distribution has plans to distribute the Havana Club formula under the alternate name Havanista once the U.S. Embargo has been lifted.

Havana Club rum is one of the best selling rums in Cuba, and Cuba is confident the product could do well in the United States as well. Its Havana Club rum formula is exceptionally light and dry, primary because of charcoal filtering and an oak-barrel aging process, which allows for extra sweetness. The Cuban rum company also offers various other rums, ranging in price from a couple of dollars per bottle, to a high-end product that sells for over $1200 dollars a bottle.

California - Research in Motion (RIM), the creators of Blackberry, won a hard fought victory in court today over use of the BBM trademark.

BBM, or Blackberry Messenger, is an instant messaging application that is sold pre-installed with the Blackberry smart phone. Despite the well-known name and nature of the application here in the United States, the use of the trademark BBM was recently challenged by Canadian television giant BBM Canada. BBM Canada filed a trademark infringement lawsuit with the Canadian federal courts over the use by RIM of its long-used and trademarked name BBM. A cease-and-desist letter had been sent to RIM in 2010, but the letter failed to illicit the response that BBM Canada had anticipated.

In the current trademark case, the court determined that although the trademarked term BBM was owned by the Canadian television company, the two combatants operated in two different industries. And although BBM Canada had long standing ownership of the mark for over fifty years, RIM had not infringed on this ownership because of the fact that they used the trademark BBM in a distinctly different industry. Therefore, confusion among consumers was held to be unlikely.

The news of the win its current infringement case comes on the heels of an earlier trademark infringement case involving RIM and its Blackberry products. In the earlier case, RIM was forced to make changes to its soon to be released Blackberry 10 BBX Operating System. Basis International, the owner of the confusingly similar trademark BBX, sued RIM in Albuquerque, NM federal court to prevent the use of its trademark in RIM's new product release. Blackberry was subsequently forced to make last minute changes to its operating systems and product release materials prior to its Blackberry 10 product launch.

This latest win against BBM Canada could not come at a better time for the beleaguered smart phone manufacturer. RIM has suffered an extremely difficult year with downturns in sales and layoffs resulting from product problems, including global outages and customer dissatisfaction. The latest round of Blackberry outages resulted in a class-action lawsuit against the manufacturer and is not likely to be resolved any time soon.

California - A term synonymous with the National Basketball Association is at the center of a trademark infringement complaint against Nike. Urban Motive Sportswear has filed a lawsuit against the sportswear giant for allegedly violating its "Lottery Pick" trademark after Nike used it on a Michael Jordan jacket.

In its trademark infringement complaint, filed in a United States district court in Illinois, Urban Motive Sportswear is alleging that Nike outright stole its trademark by using it on a jacket for sale called the Jordan LS Lottery Pick Jacket. The company registered the term "Lottery Pick" with the United States Patent and Trademark Office back in 2006. The company also claims that it has been selling sports apparel, an energy drink, and other merchandise with the trademark for years.

According to Urban Motive Sportswear, Nike's alleged infringement is particularly harmful to its business since it has done most of its marketing in Chicago, the town where Michael Jordan played out most of his NBA career with the Bulls and where it claims confusion has been created among consumers. The company also contends that it provided Jordan's sons with free sportswear.

In official court documents, Urban Motive Sportswear wrote that Nike's infringement on its trademark has "damaged us in a manner that cannot fully be measured or compensated in economic terms and for which there is not adequate remedy at law."

In the NBA, fourteen teams participate in the Draft Lottery, which is weighted so that the team with the worst record will have the best chance to secure a higher draft pick. The term "lottery pick" is a draft pick whose position is determined through the lottery, while the non-playoff teams involved in the process are often called "lottery teams."

Nike, which refused to comment on the pending litigation, is being sued for unspecified monetary damages.

Michael Jordan, otherwise known as "His Airness", was not named as a defendant in the lawsuit. The former player, who was inducted into the Basketball Hall of Fame in 2009, has been credited by many as being the greatest professional basketball player of all time. Having led the Chicago Bulls to six national championships, Jordan has been one of the most effectively marketed athletes and was considered responsible for popularizing the NBA on a global level in the 1980's and 1990's.

California - A denim retailer based in Fargo, North Dakota is asking a federal judge to settle a trademark infringement dispute it is currently in with Levi Strauss & Company.

According to court documents filed in a Grand Forks U.S. District Court, the dispute began at the beginning of the year when Levi Strauss sent a cease and desist letter to the Fargo-based Vanity, claiming the pocket design on the retailer's jeans was "confusingly similar" to Levi's brand of jeans.

Vanity responded to the letter by filing for declaratory relief against the denim giant stating that the "V" design on the back of its jeans is "visually distinctive" from Levi's jeans and that "Levi Strauss does not have the right to prevent Vanity from using a stylized version of the letter 'V' in connection with its pocket designs." The lesser-known retailer also indicated in its complaint its apprehension of being sued by Levi Strauss and that it hopes to avoid such legal action by settling the trademark infringement claims.

Vanity claims that it has been using the "V" design in its trademark since the mid 1950's.

However, in the cease and desist letter to Vanity, trademark attorneys for Levi Strauss assert that the similarity in the pocket designs "will create a substantial likelihood of customer confusion as to the source of Vanity jeans."

As a result, Vanity is seeking an order from a federal judge declaring that its pocket designs are not confusingly similar to the Levi's brand. Additionally, Vanity is requesting that the judge issue an order precluding Levi Strauss from suing Vanity for trademark infringement.

Levi Strauss is no stranger to protecting its intellectual property. The company, founded in 1853, has reportedly sued more than thirty other retailers for trademark infringement over the past five years. In a more notable case, a judge ruled against Strauss after it claimed Abercrombie & Fitch had allegedly violated its trademarks.

Vanity is a mall-based clothing chain, selling young women's apparel and accessories. By 2009, the company had expanded its distribution through its website, eVanity.com, and had grown to nearly two hundred stores located across the country.

California - There is a reason to celebrate for Italian sports car Alfa Romeo fanatics in the United States. According to a report posted by Automotive News, Fiat's Alfa Romeo division registered the trademark in the U.S. for its brand of 4C sports cars.

The trademark registration comes after Alfa Romeo's twenty-year absence in the United States. Fiat CEO Sergio Marchionne confirmed in a recent press release that the rear-wheel drive sports coupe will be available to American drivers by the end of 2013. In May of next year, Italy-based Maserati will reportedly begin building the Alfa Romeo 4C in its Modena manufacturing plant, where its flagship Gran Turismo coupe and convertible models are scheduled for production.

The trademark, issued with the United States Patent and Trademark Office April 10th, will cover the 4C car line, as well as Alfa Romeo-related clothing and accessories.

Initially, Fiat said that it will only build about 2,500 of the sports coupes per year. Although its reported asking price will be in the neighborhood of $65,000, the low rate of production could create a high demand for the Italian luxury car. The demand for the car in the Unites States could very well push the price up even higher.

Marchionne stated that Fiat plans to market the 4C as a luxury brand, competing with Germany sports car BMW, the industry leader.

"The return of Alfa in the U.S. is critical for the group as a global player needs to have an upscale brand in a major market as North America," said Jeff Schuster, senior vice president of forecasting for LMC in Troy, Michigan. "This is a real sign Alfa will come back to U.S.," he added.

The 4C will be a rear-wheel drive mid-engine design and will be powered by a 1.7 liter, direct-injected turbo four-cylinder engine used in various cars from the Fiat line, if the assembly model gets the same engine as the concept car. Power for the turbo-charged engine could reach 250 horsepower at time of production, and should produce sub-five-second 0-to-60 mph speed times, putting it in the class of a true sports car.

California - TiVo, the global creator and leader in advanced television services including digital video recorders (DVR's) has won a trademark infringement lawsuit against VIVO International Corporation, an Australian-based television manufacturer.

"This ruling validates the notoriety and reputation of TiVo across the world as it relates to the continually innovative consumer electronics industry," commented Matt Zinn, Senior Vice President, General Counsel, Secretary and Chief Privacy Officer for TiVo. "We are pleased that the court found TiVo's long standing reputation as a leader in advanced television to be fundamentally unique and this case should serve as a warning to others who, intentionally or unintentionally, seek to capitalize on the TiVo trademark for their own benefits."

In her ruling, the Australian court judge found TiVo to have established an undeniable reputation with Australian consumers for "its advantages and novel features" based upon its substantial accolades in national media and entertainment pop culture. Because of the well-established TiVo trademark, the judge ruled that VIVO's use of its VIVO trademark indeed infringed on TiVo's rights, even though VIVO was in use before TiVo began offering service in Australia. As a result, VIVO was ordered to immediately stop using its registered trademark and that any further use of the trademark would constitute continued infringement of the TiVo brand. TiVo agreed to temporarily stop legal proceedings while the court determines whether VIVO will be allowed to appeal the decision.

During a time where TiVo continues to gain impressive global market share with subscribers, its global presence includes partners and subscribers in Australia, Canada, Mexico, New Zealand, Spain, Taiwan, and the United Kingdom.

TiVo, headquartered in San Jose, California, was founded in 1997. The company is credited for being the first to develop digital video recorders available to consumers, with its DVR's and service available for sale online through its website or through third-party retailers, such as Amazon. Over the years, TiVo has become the ultimate media solution center by combining its patented DVR technologies and universal cable box capabilities with the ability to combine, search, and deliver millions of pieces of broadband, cable, and broadcast content directly to viewers.

California - As one of the most despised men in the country was in hiding, a California businessman showed his support by filing for the trademark "I Believe You Zimmerman." Lawrence Sekara of San Francisco submitted an online application for the trademark for use in four separate classes to capitalize on the name of George Zimmerman, the gunman who shot a Florida teenager to death.

As the controversy surrounding seventeen-year-old Trayvon Martin's death continues, Sekara says that he plans to use the trademark on a variety of merchandise such as beer mugs, bumper stickers, aloha shirts, and other apparel. Reportedly unfazed by the likelihood of being criticized for profiting from the highly publicized case, Sekara claims that he would like to share some of the profits with Zimmerman himself, who has left his job and family to go into hiding. The San Francisco entrepreneur said that so far he has invested $5,000 into the Zimmerman venture.

Zimmerman recently set up a website to solicit donations from supporters for "living expenses" and "legal defense." Zimmerman has cited Florida's Stand Your Ground law in his self-defense claims as to why he shot the teenager.

On the same day Sekara filed the trademark with the USPTO, he also registered the domain name ibelieveyouzimmerman.com.

Sybrina Fulton, the mother of the slain teenager, has also filed trademark applications as a result of the tragedy. Fulton filed for the phrases, "I Am Trayvon" and "Justice for Trayvon" in the class covering DVD's and CD's. Some speculate that the filings are her attempt to profit from her own son's death, while Trayvon supporters argue that she is using them to spread the word about racial profiling.

Now that it is certain that Zimmerman will be charged in Trayvon Martin's death, Trayvon supports appear to have some justice.

California - If you are among the 845 million active Facebook users, then you can soon expect to review a new Statement of Rights and Responsibilities from the social network giant. Last week Facebook announced that it would soon be updating its Statement of Rights and Responsibilities, giving ample time for its users to voice their concerns to the company. Users had up to last Thursday to state any concerns with the new agreement and Facebook is currently reviewing the feedback. Once all changes are finalized users can expect to receive notification about the new Statement of Rights and agree to it or discontinue using the site.

Among the current 9 pages of changes, which are open for public viewing, Facebook swapped out its '32665' trademark which it previosly abandoned and now lists the word "book" as a trademark. The previous excerpt in the Statement of Rights and Responsibilities stated: "You will not use our copyrights or trademarks (including Facebook, the Facebook and F Logos, FB, Face, Poke, Wall and 32665), or any confusingly similar trademarks, without our written permission". It will now change to: "You will not use our copyrights or trademarks (including Facebook, the Facebook and F Logos, FB, Face, Poke, Book and Wall), or any confusingly similar trademarks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission." The change is listed in the 'Facebook Site Governance' section of the agreement.

Other changes to be expected in the new agreement will include sharing your content and information, safety or "community standards", special provisions applicable to social plugins, and special provisions applicable to software. Although Facebook has yet to file a trademark application with the U.S. Patent & Trademark Office for the word 'book', adding the word to its new user agreement might be the first step in that direction. Facebook currently has at least 70 trademarks in addition to the eight listed in the excerpt above such as 'FriendFeed', 'Like' and 'FacePile'. Although Facebook has successfully trademarked the word "Face" it may not be as easy to trademark the word 'book'.

California - Oprah Winfrey has emerged victorious in a trademark infringement lawsuit in which the owner of a motivational services company filed against the former talk-show host over the trademarked phrase 'Own Your Power.'

In the trademark infringement complaint, filed last year, Simone Kelly-Brown, a life coach and owner of Own Your Power Communications, insisted that it was her company that created the phrase along with the OYP acronym and the concept that people can "live their best life" if they believe that "anything you want in life is attainable." Kelly-Brown applied for trademark rights to 'Own Your Power' with the United States Patent and Trademark Office back in 2007.

Kelly-Brown's lawsuit had apparently been filed in response to an edition of O, The Oprah Magazine featuring the cover with a photograph of Winfrey and the headline, "Own Your Power." The cover also featured sayings such as "Unlock Your Inner Superstar," "Tap Into Your Strength," and "Focus Your Energy" with the issue running in conjunction with corporate-sponsored events and an episode of Winfrey's talk-show promoting the issue.

Own Your Power Communications, Kelly-Brown's company, has been in business since 1996, providing life coaching, empowering events, a radio show, and a blog to help individuals employ effective strategies to attain their personal and professional goals. Kelly-Brown's lawsuit asserted that Winfrey's use of 'Own Your Power' had violated her trademark rights and confused the origin of her trademark.

In his decision, Judge Paul Crotty ruled that there was no confusion about the source of the phrase and that Winfrey had the right to use descriptive phrases on the cover of her magazine. The judge also determined that the magazine's "O" trademark was identification that the 'Own Your Power' phrase was meant to be a headline, indicating the contents of the October 2010 issue.

The judge also ruled that Winfrey never used the trademark in bad faith, and that no likelihood of confusion was ever intended or created, and that she is not liable for the trademark being infringed by others because there was no direct infringement in the first place.

Neither party was available for comment.

California - The Navajo Nation has filed a lawsuit in the U.S. District Court of New Mexico against Urban Outfitters, accusing the popular clothing company of infringing on its Navajo trademarks. Last fall after receiving a cease and desist letter from Navajo Nation, Urban Outfitters removed its use of "Navajo" and "Navaho" from its website. However, Navajo Nation alleges in its complaint that Urban Outfitters continued to sell over 20 products in its subsidiary clothing stores such as Anthropologie and Free People, who have also been named in the lawsuit.

Navajo Nation claims in the lawsuit that it has had use in commerce under the Navajo trademark since 1943 and has been known as the Navajo tribe since as far back as 1849. Navajo Nation currently owns at least 86 registered trademarks, 10 of which are Navajo related trademarks and include goods such as clothing, blankets, footwear, and jewelry. The Navajo Nation has claimed that Urban Outfitters is using the Navajo trademark for clothing, jewelry, and accessories. However, one product of Urban Outfitters in particular has been said to be "derogatory and scandalous" and that is the "Navajo Flask". This product has been most disturbing to the Navajo Nation because it does not affiliate itself to any products related to alcohol and in fact bans the sale and consumption of alcohol on its reservation which includes land in Arizona, Utah, and New Mexico.

In the lawsuit filed February 28, 2012, the Navajo Nation states, "In this action, the Navajo Nation seeks to protect its famous and distinct Navajo name and trademark, and to ensure that consumers are no longer deceived, confused, or misled in their pursuits to find and acquire authentic and genuine Navajo products." Navajo Nation is also suing Urban Outfitters for violating the Indian Arts and Crafts Act, which is a federal law making it illegal to sell arts and crafts by misleading consumers into believing they are authentic and made by a Native American tribe or person.

The Navajo Nation is seeking that Urban Outfitters completely stop using and selling products related to the Navajo trademarks as well as monetary damages. Urban Outfitters had no comment at this time.