OutKast file lawsuit against EDM duo ATLiens for trademark infringement
Lawyers for André 3000 and Big Boi claim that the ATLiens name was created by OutKast, and the US duo are confusing people by using it
Hip hip duo OutKast have filed a lawsuit against the Georgia-based EDM group ATLiens for trademark infringement over the use of the name 'ATLiens', which is the title of an OutKast album and track which both came out in 1996.
Lawyers representing High Schoolers LLC, the trademark holding company established by OutKast members André 3000 and Big Boi, filed paperwork in the United States District Court for the Northern District of Georgia on August 20.
OutKast's attorneys are arguing that the duo invented the word ‘ATLiens’ (a combination of the words Atlanta and aliens) for their 1996 album and song of the same name, and have owned the trademark ever since.
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They say that by using the word, the EDM group are causing confusion and improperly associating themselves with OutKast.
“The word ATLiens was invented by OutKast. Before OutKast created it, it was not used in the cultural lexicon and did not exist. Defendant’s use of the ATLiens mark is likely to cause confusion, to cause mistake or to deceive the public.” claim lawyers for OutKast.
The lawsuit goes on to explain that because the duo perform “with masks on”, they conceal their identities “such that consumers will mistakenly believe that the members of Defendant are one and the same with – or at least somehow connected to – plaintiff”.
The lawsuit says that the lesser known dance group chose the name "to trade upon the tremendous fame and goodwill associated with Plaintiff’s ATLiens album, song, and mark".
‘ATLiens’ was OutKast’s second studio album. It spent 33 weeks on the Billboard 200, while the song by the same name spent 17 weeks on the chart.
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According to the attorneys, the dance duo going by ATLiens started using the name in 2012, and registered for its trademark in 2020, 24 years after OutKast’s album was released.
The EDM group has been using the name for music compositions, production, entertainment services, and other business actions, without OutKast’s knowledge or permission.
The lawsuit also references posters from a recent ATLiens show (see below) to demonstrate the group's misleading use of the trademarked word, claiming that the posters mimic advertisements for OutKast's 20th-anniversary show.
“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.” lawyers Abigail J. Remore and Peter E. Nussbaum have said.
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OutKast are hoping that the federal court will prevent ATLiens from using the ‘ATLiens’ trademark, cancel the group’s competing trademark, and get the group to pay their attorney’s fees.
Mixmag has reached out to ATLiens for comment.
[Via: Pitchfork]
Meena Sears is Mixmag's Digital Intern, follow her on Instagram