A federal judge is allowing the Navajo Nation to proceed with almost all of its claims against fashion retailer Urban Outfitters.

The tribe asked the Urban Outfitters to stop labeling, selling and referring to items as "Navajo." The company changed the names of the products on its website but the tribe contends they are still available at physical locations.

Judge LeRoy Hansen did not rule on the merits of the lawsuit. But he denied the company's motion to dismiss in nearly every aspect except on two minor claims.

The tribe's complaint is based on violations of the Lanham Act, a trademark law; the Indian Arts and Crafts Act, which prohibits the marketing or sale of goods as "Indian" unless they are produced by an Indian artisan or a tribe; and the New Mexico Unfair Practices Act, which bars deceptive trade in New Mexico, where the lawsuit is being heard in federal court.

"Plaintiffs contend that the products are in a traditional Indian style, and composed of Indian motifs and Indian designs, but are without identifier terms or labels; that the manner of marketing the goods falsely suggests the products are Indian products of the Navajo Nation, when in fact they are not Indian made; and that a consumer may find the products using search terms like 'Indian,' 'Native American,' 'tribal,' or 'Navajo,'" Hansen wrote in the portion of the ruling that dealt with the IACA. "Plaintiffs have sufficiently alleged facts to support a cause of action under the IACA to survive defendants’ motion to dismiss."

Turtle Talk has posted documents from the case, Navajo Nation v. Urban Outfitters.

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