Jessica Kiser, ‘Tradition is a Trap’, 85 University of Pittsburgh Law Review 816 (2024). What do CHEROKEE cars, the Atlanta Braves baseball team, and Urban Outfitters’ ‘Navajo’ panties have in common? All are examples of brands and teams adopting Native American tribal names, terms, and stereotypes as their trademarks. What does that practice reflect about the complex relationship between trademark law and native peoples? In ‘Tradition Is a Trap’, Professor Jessica Kiser argues that US trademark law has been, and remains, ineffective and biased when it comes to acknowledging, let alone protecting, the interests of Native Americans as individuals and as a people … (more)
[Alexandra Roberts, JOTWELL, 21 October 2025]
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