Pitchfork

In some ways, the band Oxes is the self-appointed Monica Lewinsky of indie rock. No, the Baltimore three-piece hasn't been fooling around with the President (to our knowledge), but the group has gained a decent amount of notoriety via scandal-- including such pranks as generating a fake protest story around their 2002 Oxxxes LP and publicizing a fake split with Arab on Radar. For Monica, the scandal had to do with a certain blue dress; for Oxes, it's a t-shirt.

On Wednesday, August 9, the band filed a trademark infringement suit in Manhattan federal court against Old Navy for printing and selling t-shirts bearing the image of an Oxes concert flier without asking the band or their label's (Monitor Records) permission. (And all this time, didn't you just assume Old Navy made up those t-shirt ideas? "JoJo's Shrimp Shack"..."Viking Field Hockey"...it doesn't seem that difficult.)

Although the lawsuit sounds like an elaborate Oxes publicity stunt, the band assures us this is definitely not a prank. So how did the t-shirt scandal materialize? Jason Foster, owner of Monitor, said he received an email last April from a "confused fan in Texas" who'd seen the shirt at Old Navy. "Since that point we received several emails from fans wondering what was going on with Oxes and...if the t-shirt was a real Old Navy project. We assure fans that unfortunately this is not an Oxes stunt and that the Oxes name has been used without their permission."

When Old Navy failed to remove the t-shirt from stores, Oxes and Monitor turned the issue over to an attorney. The band's main concern is that the corporate stealing of their image counteracts their efforts to remain staunchly independent. Said attorney Carmen Giordano, "This is flagrantly illegal. Old Navy essentially hijacked the Oxes name for merchandising. The association is contrary to the Oxes independent, anti-corporate stance and this unauthorized use damages their image."

In a press release, Foster stated, "For the past 6 1/2 years, Monitor Records and Oxes have worked very hard together releasing unique independent albums that challenge the status quo's idea of record construction and music performance. We are proud to have never established the band or the label to be aligned with any major corporation or company and have still been able to grow a solid fan base in North America, Europe, and Japan, all on our own terms. I am outraged that Old Navy has taken the OXES name and have been capitalizing on the independent spirit of the band by linking it to their corporation. That, in turn, confuses our loyal fans and attacks our business ideology. The Oxes and Monitor Records have not sold out to the man, but the band's name has been used against our permission by Old Navy."

On their MySpace page, the band posted an image of the t-shirt, along with an urgent demand: "BOYCOTT OLD NAVY: (if you feel like it)."

While awaiting the results of their suit against the clothing chain, Oxes are "thinking about having some band practice." According to Foster, the band is currently working on new material in the U.S. and Italy. "We are hoping to have some new Oxes tunes out in 2007, which may include a fantastic duet between Oxes and a rad Kentucky fellow. More on this as 2006 moves forward."