OutKast is suing the EDM duo for utilizing their 1996 album title, reply, as their group identify. In response to studies, the trademark infringement lawsuit was filed within the Georgia federal court docket on Tuesday (August 20). promoting billboard.
Authorized representatives for Massive Boi (née Antwan Patton) and Andre 3000 (née Andre Benjamin) argue that the moniker, derived from the phrase “alien” and their hometown of Atlanta, is a “novel Linguistic time period,” whose utilization was left “confused” by followers by the digital dance duo.
“The phrase ATLiens was invented by OutKast. It was not used within the cultural lexicon and didn’t exist earlier than OutKast created it. Jackson,” the duo’s lawyer stated. “Defendants’ use of the ATLiens trademark is more likely to trigger confusion, trigger error or deceive the general public.”
In response to the lawsuit, “one other” ATLiens used the identify in 2012 and later registered it as a trademark. reply OutKast launched their second studio album in 1996, which included the only of the identical identify. The group claimed they have been unaware of the dance group till not too long ago and filed the lawsuit.
OutKast claimed that the 2 had “the identical identify” and even claimed that the EDM group’s stage costumes hid their identities, tricking the general public into considering they is perhaps Massive Boi and André 3000.
“The defendant duo hid their identities by performing in masks, thereby main shoppers to consider that the members of the defendants have been the identical particular person as, or not less than ultimately related to, the plaintiffs,” OutKast’s attorneys stated. “OutKast’s administration has obtained letters from third events inquiring about OutKast’s affiliation with Defendants’ upcoming exhibits.”
The Grammy-winning band reportedly stated it tried to “negotiate an amicable decision to the dispute,” however ATLiens ignored the measures and continued to make use of the identify in a “complicated method,” together with on a poster for a present in Atlanta, This poster OutKast is claimed to have used related posters previously.
“ATLiens” is “one among OutKast’s most well-known and admired songs,” the lawsuit says, whereas noting that the duo “continues to carry out “ATLiens” reside on almost all, if not each, of its entirety” .