“The likelihood of confusion is not merely hypothetical..."
This past spring, the legal world was set ablaze after San Clemente-based surfboard maker Lost sued the multi-platinum musical artist Lady Gaga after she began selling “Mayhem” merch as part of her “Mayhem Ball” world tour. While the word might not seem copyright-able, at first blush, Lost’s number one shaper, Matt Biolos, has used the mark for many years on his surfboards and also some clothing.
There is no word how that action is working, if Gaga is on the ropes, but it clearly inspired copycats as, moments ago, the hideous clothing brand Chrome Hearts filed suit against the legendary singer-songwriter Neil Young after he dubbed his new backup band “Chrome Hearts.”
Per Pitchfork:
In the complaint, obtained by Pitchfork, lawyers for Chrome Hearts outline the brand’s ownership “of the CHROME HEARTS® word mark, and composite trademarks comprising the CHROME HEARTS mark and design components,” dating back to 1991.
They argue that Young and his bandmates are infringing upon the brand’s trademark by selling “Neil Young and the Chrome Hearts” (NYTCH) merchandise that “incorporates the exact CHROME HEARTS® word mark and is thus likely to cause confusion with Chrome Hearts’ various Chrome Hearts Marks.”
“The likelihood of confusion is not merely hypothetical. Some clothing and apparel vendors have apparently already mistakenly assumed that there is a connection between NYTCH and Chrome Hearts, and are actively promoting that purported connection,” they claim. “For example, some vendors have started marketing t-shirts that prominently display Mr. Young’s name along with Chrome Hearts’s iconic stylization of the CHROME HEARTS® mark.”
Exactly the similar wordage to Lost’s own claim.
Chrome Hearts, for the unaware, makes clothing that looks like this:
Neil Young, for his part, was once part of Crosby, Stills, Nash and Young.
Thoughts?