Two counts dismissed in Navajo case against Urban Outfitters

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

SAN FRANCISCO, CA - AUGUST 18: A sign is posted in front of an Urban Outfitter store on August 18, 2014 in San Francisco, California. Retailer Urban Outfitters, Inc. reported second quarter earnings of $67.5 million or $0.49 per share, compared to $76.4 million or $0.51 per share one year ago. (Photo by Justin Sullivan/Getty Images)

ALBUQUERQUE, N.M. (AP) — A federal judge has dismissed two counts in a lawsuit the Navajo Nation filed against clothing retailer Urban Outfitters Inc.

U.S. District Judge Bruce Black in New Mexico says the tribe didn’t show that the “Navajo” mark is famous.

Black wrote Friday that few courts have found trademarks to qualify as “famous.” The legal definition must be met to move forward with federal and state dilution claims.

Black says the “Navajo” trademark is more of a niche and not recognized as a household name in the United States.

Six other counts remain in the 2012 lawsuit that centers on trademark infringement, unfair practices and false advertising.

Urban Outfitters and its subsidiaries, Free People and Anthropologie, are named as defendants.