OutKast, the long-lasting hip-hop duo of André 3000 and Large Boi, has filed a federal trademark infringement lawsuit towards bass music duo ATLiens.
The famously masked digital group shares a reputation with OutKast’s 1996 sophomore album, ATLiens, and its namesake single, one of many rap group’s most well-known songs.
The lawsuit, filed Tuesday in a Georgia federal courtroom by Excessive Schoolers LLC, a trademark holding firm managed by Outkast’s members, alleges that the title—a hybrid of “aliens” and their hometown of Atlanta—is an authentic creation of the hip-hop group, and that the digital duo, which can be from Atlanta, is complicated followers by utilizing it, Billboard experiences.
“The phrase ATLiens was invented by OutKast,” the swimsuit argues. “Earlier than OutKast created it, it was not used within the cultural lexicon and didn’t exist. Defendant’s use of the ATLiens mark is prone to trigger confusion, to trigger mistake, or to deceive the general public.”
In line with OutKast’s attorneys, ATLiens started utilizing the title in 2012 and registered it as a trademark in 2020, subsequently infringing on OutKast’s earlier trademark of the title, which it has owned for the reason that observe’s launch in 1996. Within the lawsuit, OutKast claims that it didn’t know in regards to the digital duo till just lately.
The swimsuit goes on to contend that the 2 names are “equivalent” and are used for a similar objective, on this case, referencing Atlanta-based music duos who carry out in “associated musical genres.”
The lawsuit additionally argues that ATLiens’ on-stage costumes and anonymity trigger extra confusion: “The duo comprising defendant performs with masks on, thereby concealing their identities such that customers will mistakenly consider that the members of Defendant are one and the identical with—or no less than one way or the other related to—plaintiff.”
OutKast says it tried to “negotiate an amicable decision to the dispute,” however ATLiens has continued to make use of the title in “complicated methods,” in keeping with Billboard, equivalent to a poster design for his or her upcoming hometown present that bears resemblance to a different poster utilized by OutKast. The digital duo can be recognized to play the “ATLiens” observe throughout their dwell performances.
ATLiens has not but publicly commented on the lawsuit.
Featured picture from ATLiens. Credit score: Drue Pines.