A law professor has sparked debate by arguing that Jeep should be compelled to rename its Grand Cherokee SUV, claiming the current name signifies cultural appropriation. J Janewa Osei-Tutu, an expert in intellectual property and a professor at Miami University, is advocating for changes to federal laws to safeguard cultural identities, which she terms ‘cultural personality.’
Osei-Tutu, who has a diverse background as a Ghanaian, Canadian, and American, presents her case for this legal reform in a paper focused on race, racism, and the law. She draws a parallel between the protection of brand names like Pepsi or celebrities such as Taylor Swift, whose names cannot be exploited without authorization, and the need for similar protections for cultural identities.
In her work, she asserts, “We should also have a right to control not only the commercial use of our individual personal identities but also our collectively held cultural identities.” This perspective seeks to extend intellectual property protection to cultural heritage, which is often overlooked under current laws.
Osei-Tutu critiques existing intellectual property laws as being ‘underinclusive,’ particularly concerning the valuable intangible cultural heritage of indigenous and global south communities. According to her, these legal gaps allow corporations to exploit and profit from these cultural resources without proper consent, leaving them vulnerable to misappropriation.
Osei-Tutu refers to intellectual property laws as ‘underinclusive – at least in relation to valuable intangible cultural heritage from indigenous communities and local communities from the global south.’
Her perceived flaws in the laws allow corporations to ‘capture and monetize this unprotected resource, which means that it is exposed and subject to misappropriation.’
She specifically cites Jeep, which has sold the Grand Cherokee since 1992 and has even negotiated with the Cherokee Tribe over the usage of the name but stopped short of ditching it.
Her ideas amount to making ‘cultural appropriation’ illegal, according to conservative legal analyst Jonathan Turley.
Law professor J Janewa Osei-Tutu is proposing a law to force Jeep to drop the name Grand Cherokee under the guide of ‘Protecting Cultural Personality’
‘The proposal in this article would blow apart the copyright laws and use them to weaponize claims of cultural appropriation. It would codify the culture of viewpoint intolerance and speech regulation that currently characterizes higher education,’ he writes.
It would force corporations to face ‘endless lawsuits’ and also end cultural influences that immigrants bring to American culture.
‘As an Italian American and an Irish American, I regularly see the language, foods, and traditions of my culture in society. Even when some make me cringe, I am proud of that influence. These are contributions to a ‘melting pot’ of different cultures,’ Turley argues.
The Daily Mail has reached out to Osei-Tutu for comment.
The Jeep Cherokee and Grand Cherokee SUVs are two of the best-selling vehicles in the entire Jeep fleet, making up 43 percent of the company’s sales in the United States.
But in the wake of protests and racial unrest stemming from George Floyd’s murder in 2020, there were public calls led by the Cherokee Nation tribe to change the name.
‘I think we’re in a day and age in this country where it’s time for both corporations and team sports to retire the use of Native American names, images and mascots from their products, team jerseys and sports in general,’ Cherokee Principal Chief Chuck Hoskin Jr said in a statement in February.
‘I’m sure this comes from a place that is well-intended, but it does not honor us by having our name plastered on the side of a car.
‘The best way to honor us is to learn about our sovereign government, our role in this country, our history, culture and language and have meaningful dialogue with federally recognized tribes on cultural appropriateness.’
The Jeep Cherokee and Grand Cherokee SUVs are two of the best-selling vehicles in the entire Jeep fleet
Jeep has been using the Cherokee name since the 1970s but stopped using it for several years before reviving it in 2013.
The Cherokee Nation is currently the largest tribe in the United States, with approximately 370,000 members.
There calls came amid changes from other companies who have adjusted their names to respond to calls for more sensitive imagery in products.
Syrup Aunt Jemima recently changed its name to the Pearl Milling Company and Uncle Ben’s has transitioned their name to Ben’s Original.
For Native American sports mascots, the Washington Redskins dropped their logo and renamed themselves the Washington Football Team and eventually the Washington Commanders.
The Cleveland Indians retired their Chief Wahoo logo at the end of the 2018 season and eventually became the Cleveland Guardians.
The Atlanta Braves, however, have resisted calls to change their name or prevent fans from doing the ‘tomahawk chop’ tradition, which could be perceived as mocking Native American heritage.
