THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LawCrossing Feature
Hard Times for Urban Outfitters By Teresa Cajot
With its tawdry fashions and edgy home products, Urban Outfitters seems to invite attention through controversy. Lately, however, the company’s products have stirred more attention than it probably desires.
Just last month, ten members of Congress sent a letter
company’s motion to dismiss a case involving the use
to the company’s CEO, Tedford Marlow, criticizing a line
of “blatantly salacious” photos of 17-year-old model
of Irish-themed clothing and accessories. According
Hailey Clauson. According the Clauson’s parents, Urban
to the letter, which was composed by legislators of
Outfitters and two boutiques used her photos on t-
the Congressional Ad Hoc Committee on Irish Affairs,
shirts without obtaining permission. The $28 million
the St. Patrick’s Day Clothing line serves to promote
lawsuit was initially filed against Urban Outfitters, Blood
“severe and negative stereotypes of Irish-American
is the New Black boutique, Brandy & Melville boutique
people” and may even encourage ‘binge drinking.”
and photographer Jason Lee Parry, last August but
Urban Outfitters has not responded to the letter and
was challenged on the grounds that the lawsuit was
continues to offer t-shirts and other products with
procedurally defective.
offensive wording such as, “Irish I Were Drunk” and “Kiss Me I’m Drunk, Or Irish, Or Whatever.”
However, the case will now move forward because Clauson never gave permission to the defendants, to
Late last month, the Navajo Nation filed a lawsuit
use the images. According to the deciding judge, the
against Urban Outfitters over the sale of clothing and
photos were used “to create false endorsement or
accessories with the ‘Navajo’ and ‘Navaho’ names
false designation of origin, as well as claims for false
and marks. The lawsuit follows an ongoing battle that
representation of the characteristics or qualities of
began in October of 2011 when Sasha Houston Brown
plaintiff’s modeling services.”
complained that Urban Outfitters was distributing a line of “cheap, vulgar and culturally offensive” “Navajo”
The photos in question were taken when the model
products including “plastic dreamcatchers wrapped
was only 15. She is shown carrying a six-pack of beer
in pleather hung next to an indistinguishable mass
in one and sitting in a provocative position on the back
of artificial feather jewelry and hyper sexualized
of a motorcycle in another. The shirts with Clauson’s
clothing featuring an abundance of suede, fringe and
image were sold in retail stores around the country and
inauthentic tribal patterns.” Following complaints, the
in the two boutiques named on the lawsuit.
word “Navajo” was removed from certain products on the company’s website, however, stores and sales
While the lawsuit alleges that Parry assured Ford
receipts continued to use the word “Navajo.”
Models that the photos would not be released, Parry and his team disagree. According to Parry, Clauson’s
The company was presented with more bad news last
parents saw the photos and granted permission for
week, when a New York federal judge rejected the
their release.
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