High Schoolers LLC, a trademark holding company controlled by Outkast’s André 3000 and Big Boi, has filed a federal lawsuit against the Atlanta electronic dance music duo ATLiens. In the lawsuit, obtained by Pitchfork, lawyers for the LLC claim that Outkast coined the term “ATLiens,” and that they’ve utilized it and owned the trademark for it since 1996. The EDM duo, the lawyers claim, has infringed on the Outkast trademark and been using the trademark without authorization.
In the complaint, the lawyers say that the band ATLiens registered for their trademark in 2020, claiming that they’d used the name since 2012—long after the 1996 release of Outkast’s beloved second studio album, ATLiens. The attorneys argue that the competing trademark “is preventing Plaintiff [High Schoolers LLC] from being able to obtain registrations for its senior ATLIENS mark.”
They also allege that the duo chose its name “to trade upon the tremendous fame and goodwill associated with Plaintiff’s ATLIENS album, song, and mark, or, at a minimum, to call to consumers’ minds Plaintiff’s famous ATLIENS album, song, and mark.”
Through the lawsuit, the LLC and its attorneys are asking the Georgia federal court to prevent the band ATLiens from using the “ATLiens” trademark. They’re also asking for the cancellation of the duo’s competing trademark, among other requests.
When reached by Pitchfork, attorneys Abigail J. Remore and Peter E. Nussbaum shared the following statement on behalf of High Schoolers LLC and André 3000: “This is a basic brand protection issue. Efforts to resolve this matter amicably were unfortunately unsuccessful and Outkast therefore had to file suit in order to protect the valuable name and trademark ATLIENS that it created and has continuously used for nearly 30 years.”
Pitchfork has also emailed an attorney for ATLiens Touring Inc. for comment.
Source : Pitchfork
