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Dalek

Member
Oct 25, 2017
38,935
www.nytimes.com

Lady Antebellum Sues the Singer Lady A Over Name Change (Published 2020)

The platinum-selling country group’s new name was already being used by a blues singer. Now they’re asking a court to affirm “a trademark we have held for many years.”

When the country trio Lady Antebellum announced last month that it would change its Civil War-referencing band name to Lady A out of respect for Black people, the group credited the widespread protests against police brutality for revealing "blind spots we didn't even know existed."
Barely a day later, another blind spot made itself known: Anita White, a blues singer and Black woman, had been using the stage name Lady A for over 20 years. "This is my life," she said.
In the weeks that followed, an apparent détente between the two parties, initially celebrated on social media by both sides, faltered when representatives for White "demanded a $10 million payment," the band said in a statement on Wednesday. Now, the platinum-selling Nashville group has filed a lawsuit that seeks no monetary damages, but asks the court to affirm "a trademark we have held for many years."
The trio, whose suit says it began using the nickname Lady A not long after it formed in 2006, said that it was not aiming to have White change her moniker, but seeking to protect itself from further litigation. The group first applied to register "Lady A" for use in music, videos, live performances and merchandise in 2010, the suit says, adding "no oppositions were filed by any person or entity, including White."

"We are sad to share that our sincere hope to join together with Anita White in unity and common purpose has ended," the group said, noting that they had all "shared our stories, listened to each other, prayed and spent hours on the phone and text writing a song about this experience together."
 

Akira86

Member
Oct 25, 2017
19,587
just change your name to Lady Ann, newly woke civil war reenactor band.

"We are sad to share that our sincere hope to join together with Anita White in unity and common purpose has ended"

what the actual stupid fuck does this even mean? you wanted her name so what does unity and common purpose have to do with it?
 
OP
OP
Dalek

Dalek

Member
Oct 25, 2017
38,935
I would love it if they lose this suit and are forced to change their dumb name.
 

JDSN

Banned
Oct 27, 2017
5,129
I know it was said that this is not an "attack" in the proper sense, but these assholes had a name with racist imagery, changed the name to kinda erase that, and picked the name of a black artist.
 

Xbox Live Mike

Prophet of Truth
The Fallen
Oct 29, 2017
2,434
USA
No one in their PR team told them this was a bad idea? smh, I hope Lady A counter sues and gets paid big time.
 

Nabs

Member
Oct 26, 2017
15,695
This is like when Common (Sense) lost his name to a white reggae band.

edit: okay this is different. But yeah the optics are not good.
 

AuthenticM

Son Altesse Sérénissime
The Fallen
Oct 25, 2017
30,066
They should call themselves Lady Anti-BLM.
anD.gif
 

subpar spatula

Refuses to Wash his Ass
Member
Oct 26, 2017
22,123
Without going into the details, the optics are not good. Reading the details, it seems they're doing this just so they cannot be litigated because they go by this short-form. Makes sense considering Anita White already asked for 10 million. Probably should have just changed it to a whole new one at this point.
 

TaterTots

Member
Oct 27, 2017
12,963
Read about this earlier. Antebellum got the rights in 2011, but Lady A put out an album in 2010. They were working on a song together, but Lady A brought in a legal team and asked for 10 million lol. They were originally fine with sharing the name. Antebellum aren't really the villains here.
 

Pandora012

Moderator
Oct 25, 2017
5,495
So they've used the name before, and have trademarks on it? I'm no lawyer, but this doesn't seem like a clear cut case. Especially since the band has used the name. Atleast, it looks like they aren't suing for monetary gain.
 

Dhx

Member
Sep 27, 2019
1,696
I'm not sure they should have changed the name to begin with. Antebellum isn't inherently problematic unless they leaned into the antebellum South imagery. I can't answer that question.
 

Jakisthe

Member
Oct 25, 2017
5,569
Not sure what the trouble would be. Seems they applied for the name a decade ago, with no opposition then. Did the application not go through?
 

JABEE

Member
Oct 25, 2017
9,853
So they've used the name before, and have trademarks on it? I'm no lawyer, but this doesn't seem like a clear cut case. Especially since the band has used the name. Atleast, it looks like they aren't suing for monetary gain.
She has been using the name longer than the band has been around.

Performers don't have to trademark their name usually if they have fliers or proof they have been promoted and are using a name.

Also, Lady A owns an LLC with her name.

Lady Antebellum would have known someone else already had this name by searching google or Spotify. The fact that they had Lady A trademarked meant they were probably anticipating this day coming.

They are trying to say since she didn't contest their trademark in 2011 she loses the right to sue them.
 

JABEE

Member
Oct 25, 2017
9,853
Countersue who? She's already suing them for ten million dollars.
I'm pretty sure that was just part of the negotiation.

Lady A hasn't sued the band with the racist name.

It's pretty clear it is Lady A's stage name which she has been promoting herself as for decades. I think it's fucked up to argue that since she didn't challenge when they trademarked it behind the scenes that she can be robbed of her name. I don't even think this is how these cases are decided.

Also, changing your name from Lady Antebellum to Lady A does not eliminate the problem. Stealing a black person's livelihood in the process of covering up your racist band name is some shit.
 

Spinluck

▲ Legend ▲
Avenger
Oct 26, 2017
28,459
Chicago
She has been using the name longer than the band has been around.

Performers don't have to trademark their name usually if they have fliers or proof they have been promoted and are using a name.

Also, Lady A owns an LLC with her name.

Lady Antebellum would have known someone else already had this name by searching google or Spotify. The fact that they had Lady A trademarked meant they were probably anticipating this day coming.

They are trying to say since she didn't contest their trademark in 2011 she loses the right to sue them.

Disgusting.
 

Dhx

Member
Sep 27, 2019
1,696
She has been using the name longer than the band has been around.

Performers don't have to trademark their name usually if they have fliers or proof they have been promoted and are using a name.

Also, Lady A owns an LLC with her name.

Lady Antebellum would have known someone else already had this name by searching google or Spotify. The fact that they had Lady A trademarked meant they were probably anticipating this day coming.

They are trying to say since she didn't contest their trademark in 2011 she loses the right to sue them.

If she (Lady A) had knowledge of the band using Lady A and did not contest the trademark that's exactly how it would play out.
 

Jakisthe

Member
Oct 25, 2017
5,569
I didnt see she was suing them already; hope she get's it, I still dont understand how they thought it was a good idea to try and bully this lady.
Maybe I misread the article, but what are they doing to her? As I see it, they're not asking for money from her or her to change her name.

Not really sure what the trouble would be here with the trio. Sure, they might have had a name which some can see as problematic - although the word can refer to things outside of the Antebellum South - but...they changed it to a name they already had filed for a decade ago? Is there something besides the name which they've done?
 

JABEE

Member
Oct 25, 2017
9,853
Also, Lady Antebellum, a country band, knew what the Antebellum south is associated with the idealized pre-war south when slavery was still around.
 

JABEE

Member
Oct 25, 2017
9,853
If she (Lady A) had knowledge of the band using Lady A and did not contest the trademark that's exactly how it would play out.
I don't know how they would prove she had knowledge. But I'm pretty sure using your lawyers to crush someone for this is fucked up. She had the name first.
 

kami_sama

Member
Oct 26, 2017
7,003
Regardless of how you feel about Lady Antebellum changing their name and the suit itself, it seems to be a clear case.
Lady Antebellum has the upper hand here.
 

antonz

Banned
Oct 25, 2017
5,309
Actually reading the article and not just reacting to the headline seems to suggest everything was fine between both parties until Ms. White decided to try and change the terms of things and get a payday.

They aren't seeking financial recourse or anything. just reconfirming of their trademark. if they wanted to be petty they could be doing a lot more
 

Dhx

Member
Sep 27, 2019
1,696
I don't know how they would prove she had knowledge. But I'm pretty sure using your lawyers to crush someone for this is fucked up. She had the name first.

It's unfortunate, but she probably has no legal entitlement to that trademark given what has been stated.

Failure to Police

When a mark holder allows the general public to use her mark without a license, or when a mark becomes so ingrained in the public mind that all brands of a particular product go by the brand name -- Kleenex being used as the generic term for all tissue brands, for example -- the process is known as generification. If a trademark holder fails to police a mark and the mark falls subject to generification, the USPTO may deem the mark abandoned and subsequently strip the mark holder of her rights. As a result, trademark holders must constantly defend their trademark to ensure continued use.

yourbusiness.azcentral.com

When Does a Trademark Need to Be Defended?

When Does a Trademark Need to Be Defended?. The United States Patent and Trademark Office does not police the use of trademarks by third parties. As a result, registered trademarks need to be defended at all times and mark holders must continually police marks for unlawful use by third parties...

And in this case I'm not even sure Lady A ever held a registered trademark.
 

JABEE

Member
Oct 25, 2017
9,853
I don't think they could be doing a lot more, because Lady A is in the right. Their trademark is bogus since cases before this acknowledge the first artist in a similar artist to be promoted under a name are the rightful owner of the name.

Trademarks for music acts are different in how they are decided.
 

Pandora012

Moderator
Oct 25, 2017
5,495
Sounds like a good strategy when a rich, white racist band is trying to fuck you over and ruin your ability to work and do the thing you love.
But from what i can tell, the band has been using the name for the last decade. And it doesn't look like they are trying to take it away from Lady A either.

Anyway curious how this concludes. I'm thinking the bad wins this one.
 

Loud Wrong

Member
Feb 24, 2020
13,994
Actually reading the article and not just reacting to the headline seems to suggest everything was fine between both parties until Ms. White decided to try and change the terms of things and get a payday.

They aren't seeking financial recourse or anything. just reconfirming of their trademark. if they wanted to be petty they could be doing a lot more
And they're not trying to get her to stop performing under that name.
 

JABEE

Member
Oct 25, 2017
9,853
But from what i can tell, the band has been using the name for the last decade. And it doesn't look like they are trying to take it away from Lady A either.
This is the band's statement. They haven't really been using the name for the last decade. They have been known as Lady Antebellum.

It would not only make it more difficult for the Real Lady A to brand her shows, but it would also mean her giving up the right to sue over a name she rightfully owns.
 

Dhx

Member
Sep 27, 2019
1,696
This is the band's statement. They haven't really been using the name for the last decade. They have been known as Lady Antebellum.

It would not only make it more difficult for the Real Lady A to brand her shows, but it would also mean her giving up the right to sue over a name she rightfully owns.

That's the problem, though. If she didn't aggressively defend the trademark, she does not own it.