There are empirical examples of nations using IP law strategically to achieve meaningful gains, like Urban Outfitters v Navajo Nation. Law doesn’t have to be the endpoint of our politics, but it’s a meaningful starting point.

These debates are still ongoing and may not be resolved anytime soon. However, there may still be hope for the protection of culture in the laws we have today. Although the current copyright and trademark laws seem rigid and inconsiderate towards non-Western cultures, it was these very same laws that helped the Navajo Nation regain what was rightfully theirs. Scafidi suggests that more Indigenous communities could take stronger control of their cultural products by commodifying and profiting off of them: "although outsiders' commodification of a cultural product without the authorization of the source community may dilute or destroy the product or its identification with the source community, limited communal commodification may instead enhance the value of the product by forestalling inferior copies and providing an authentic version" (60). While cultural arts and knowledge cannot be copyrighted, it is possible to copyright the expression of that culture in the form of merchandise.

Janet McGowan also indicates the Lanham Act and the Indian Arts and Crafts Act as two ways of ensuring the protection of Native American culture. The Indian Arts and Crafts Act is an American law that prohibits people from falsely advertising arts and crafts as being made by or affiliated with Indigenous groups. "It is illegal to market an art or craft item using the name of a tribe if a member, or certified Indian artisan of that tribe did not actually create the art or craft item" ("The Indian Arts and Crafts Act"). Another law, she suggests, is the Federal Food, Drug, and Cosmetic Act, which prevents people from selling misbranded food, drug, or cosmetic products. Many companies profit from using the names of Indigenous tribes or locations on their products in order to suggest exoticness or tradition. "For example, Hopi Blue Popcorn appears to violate the Food, Drug & Cosmetic Act, since it does not contain true blue corn and its label strongly suggests it is made by the Hopi or from the Hopi reservation" (McGowan). With regard to the Indian Arts and Crafts and Food, Drug, and Cosmetic Acts, anyone can file a complaint or petition for dishonesty. It can also be helpful to the indigenous communities if more people could become aware of these false advertising issues and refuse to buy the offending products. The more people value authentic Native American products, the less likely they will be attracted to culturally appropriated products.

Conclusion

After the settlement in 2016, Urban Outfitters publicly announced that they would be collaborating with Navajo artists on an upcoming jewelry line (Woolf). This was a big win for the Navajo Nation, and in response to the settlement, Navajo Nation President Russell Bagaye said: "we expect that any company considering the use of the Navajo name, or our designs or motifs, will ask us for our permission" (quoted in Woolf. Urban Outfitters had violated a relationship for not seeking prior permission in using the Navajo trademark. In the end, the law is just one method of sustaining relationships and moral understandings. "Presumably artists who appropriate content from a culture do so because they find something of value in that culture. This ought to be apparent from all that they say and write about the culture from which they borrow" (Young, 140). Young's statement brings to mind this familiar phrase: "imitation is the highest form of flattery." If this is true, then imitation should be presented in such a way that exemplifies nothing but respect for the original.

This lawsuit will undeniably be a wakeup call to those who plan on appropriating the Navajo name or designs. It may even give courage and support to other indigenous groups to take on their own cases against future grievances. However, while the outcome was positive for the Navajo Nation, other groups may not have the advantage of trademarks to their name, or the resources to begin a lawsuit. One solution to this problem would be to encourage Native American tribal councils to register their name as trademarks. Of course, this would only prevent corporations from using tribes' names to sell merchandise and would not protect designs from being copied or reused without permission. However, it may still be a step in the right direction to providing indigenous peoples with a sense of agency over their own identities.