ALBUQUERQUE, N.M. (AP) – The Navajo Nation’s case against Urban Outfitters is on hold while the company seeks review of a decision to dismiss one of its own claims.

Urban Outfitters lost its bid to have the tribe’s federal registrations for “Navajo” marks canceled on the basis they are generic and descriptive.

The Navajo Nation argued it has not waived its right not to be sued on that matter. The U.S. District Court in Albuquerque agreed after examining some aspects of federal law.

Urban Outfitters is asking the 10th Circuit U.S. Court of Appeals to review the lower court’s decision.

The tribe sued the clothing retailer and its subsidiaries in 2012 to keep them from using the “Navajo” name or variations of it on their products.