Fans of clothing retailer Urban Outfitters might not be surprised to learn that the chain is currently facing legal trouble. The store is no stranger to legal controversy; within the past year, Urban Outfitters has been accused of copying the jewelry designs of independent designers and of using underaged models in sexually suggestive advertising campaigns. This time around, it is Urban Outfitters' line of "Navajo" goods—including skirts, tops, jewelry, flasks and panties—that has the Native American nation and its lawyers preparing to take them to court.

Legally, Urban Outfitters is in violation of copyright laws and potentially an act that forbids retailers from misrepresenting goods as having been produced by Native Americans if those goods were not. Culturally, Urban Outfitters is guilty of quite a bit more. No Native Americans—Navajo or not—were consulted in the design, production or marketing of the Navajo line of goods. Their patterns are vaguely Southwestern but hardly uniquely or authentically Navajo, though they are marketed as such. The inclusion of a flask in the line of goods has caused discomfort as well, given the stereotypical association of Native Americans with alcoholism. And, as of yet, no representatives from Urban Outfitters have reached out to the Navajo nation to open up dialogue. All of these concerns speak to the insensitivity of Urban Outfitters but are not, in my opinion, the most grievous of the retailer's offenses.

Firstly, the possibility of using the traditional dress of any culture relies upon the privilege of the wearer. The phenomenon of "cultural cross-dressing" is mostly the result of colonialism, in which other cultures are often appropriated for the benefit of colonial forces. In this case, American corporate entities are benefitting from the culture of Navajo people without offering any possibility of benefit to the Navajo themselves; if that itself is not enough of an abuse, consider that monied American interests were much of the motivation for the destruction of Native American people in the first place.

Secondly, it seems to me on some level perverse that a consumer can, for lack of a better term, put on and take off Navajo culture without experiencing any of the burdens that come with the wearing of traditional dress for the Navajo people themselves. When a shopper at Urban Outfitters wears a skirt with vaguely Native American patterns represented as Navajo, he or she can experience at least a poor facsimile of Navajo culture without having to endure the racism, humiliation and marginalization that have historically come with being Navajo. I don't feel that it's fair to appropriate the parts of a people's culture that excite us with an exotic look or fashionable flair without sparing at least some consideration for what the originators of those items feel when they themselves inhabit them. It is a privilege to be able to slip in and out of a race and culture—a privilege that the Navajo people do not have.

More disturbing yet is Urban Outfitters' silence on the subject. Though Urban Outfitters could use this opportunity to reach out to the Navajo people to open dialogue on their culture and its place in broader American culture, the retailer seems prepared to wait quietly for the court battle.

This is not surprising when considering that Urban Outfitters' interests are primarily monetary. It drives home the brutality of its appropriation of Navajo culture for profit.

It is difficult to say where to draw the line between admiration of another culture via adoption of some traditional patterns or dress and cultural cross-dressing. I personally think that the urge to form codified distinctions is one that should be resisted, as it tends to reduce complicated subjects to simplistic terms that do not accurately represent the reality of the problem.

Yet I do feel that there are ways in which cultural traditions can be adopted respectfully and tactfully. For one, I would involve members of the culture from which I wished to adopt in the process of creation and would not exclude them from profit were the items to be sold. Secondly, I would resist the temptation to render out authenticity and uniqueness in favor of better sales. But I believe that the most important step toward respectful adoption of traditional Navajo images that Urban Outfitters has skipped is listening. So long as Urban Outfitters refuses to listen to the people it uses for profit, it won't be receiving a penny from me.