Iconic Hip Hop Duo Outkast Files Trademark Infringement Lawsuit Against Atlanta-Based Group
According to a report from Pitchfork, Outkast—the iconic hip hop duo—has filed a trademark infringement lawsuit against the Atlanta-based group ATLiens. Outkast contends that the EDM’s group’s name infringes upon their trademark. Notably, the second studio album put out by Outkast was called ATLiens. Within this blog post, our Florida trademark infringement lawyer discusses the allegations raised in the complaint.
Outkast Alleges Trademark Infringement by EDM Group ATLiens
As confirmed by Pitchfork, Outkast filed a federal lawsuit against the electronic dance music duo ATLiens based on allegations of trademark infringement. The lawsuit contends that the EDM group’s use of the name “ATLiens” is an unauthorized violation of their trademark rights and is likely to cause confusion among fans. Notably, Outkast states that they initially coined the term with their 1996 album and song of the same name. They also argue that the EDM group’s use of the name dilutes the value of their trademark. The plaintiff notes that they tried to resolve the matter outside of court but were unsuccessful in doing so.
What You Need to Prove to Prevail in a Trademark Infringement Case (Three Key Points)
To bring a trademark infringement lawsuit in federal court, there are certain key criteria that must be met by the plaintiff. A strong well-supported claim is a must in an IP law case. Here are three key points that a plaintiff must prove in order to bring a successful trademark infringement claim:
- Ownership: To succeed in a trademark infringement case, the plaintiff must first establish that they own the trademark in question. Ownership typically involves proving that the mark has been legally registered with the appropriate authorities or that the plaintiff has acquired common law rights through consistent and recognizable use in commerce. Of course, it is always best to have a registered trademark.
- Use: The plaintiff must prove that the defendant is using the trademark in a way that infringes upon the plaintiff’s rights. In other words, they must show that the defendant is employing the mark in commerce without permission. Most often, this means proving a use connection with the sale, advertising, or distribution of goods or services.
- Confusion: Finally, the plaintiff must demonstrate that the defendant’s use of the trademark is likely to cause consumer confusion. Courts will consider factors such as the similarity of the marks, the similarity of the goods or services, the channels of trade, and the defendant’s intent in using the mark. To be clear, evidence of actual consumer confusion can be highly persuasive, but it is not always necessary to prove this element.
Speak to Our Trademark Lawyer in South Florida Today
At Perkins Law, our Florida trademark infringement attorney has the knowledge, skills, and IP law experience that you can trust. We are here to protect your brand. Call us now or contact us online for a completely confidential, no commitment consultation. From our Boca Raton office, we represent plaintiffs and defendants in trademark infringement cases throughout South Florida.
Source:
pitchfork.com/news/outkast-sue-edm-duo-atliens-for-trademark-infringement/
