Excessive Schoolers LLC– the hallmark holding enterprise of Outkast’s André 3000 and Large Boi– have truly submitted a authorized motion versus ATLiens Touring, Inc. for inappropriate, unyielding, unapproved and illegal utilization and enrollment of the ATLIENS mark.
In accordance with court docket information acquired by AllHipHop, “the offender has and stays to supply tickets to reveals and provide on-line efficiencies on this state and Space, with its following program going to the Coca-Cola Roxy Cinema in Atlanta, Georgia on February 15, 2025. Offender likewise promotes, sells and affords gadgets to clients on this state and on this Space although its interactive website, consisting of product birthing the ATLIENS mark.”
The declare takes place to explain “phrases ATLIENS was created by Outkast. Previous to Outkast produced it, it was not utilized within the social vocabulary and didn’t exist.” It likewise lays out the success of ATLiens (1996 ), Outkast’s pupil cd, and succeeding jobs that makes use of the “ATLiens” title.
” Together with the workshop cd ATLiens and the monitor ‘ATLiens,’ Complainant has truly utilized the ATLIENS mark because the title of quite a lot of numerous different distinctive music recordings,” the docs proceed. “Utilizing occasion, but not all the time constraint: (i) a cd variation of the ‘ATLiens’ monitor was included on the ‘ATLiens/Wheelz of Metal’ CD Solitary; (ii) each a cd variation and a vital variation of the ‘ATLiens’ monitor was included on a M ### Solitary.
“( iii) 3 remixes, a ‘Poor Younger Boy Remix,’ a ‘Poor Younger Boy Important’ and a ‘Poor Younger Boy Alternate Combine’ of the ‘ATLiens’ monitor had been included on a Remix CD solitary; (iv) a tidy variation, cd variation, cd essential and cd acapella variation of the ‘ATLiens’ monitor had been included on a 12 ′ Plastic Solitary; and (v) ‘ATLiens’ was utilized on low cost cds dispersed by LaFace Information.”
Elsewhere within the 38-page doc, it describes, “Complainant is likewise the proprietor of okay, title and fervour in and to the complying with USA Hallmark and Answer Mark Purposes for its mark ATLIENS, that are at the moment official and surviving in regulation.”
It proceeds, “A number of years after Complainant began use the ATLIENS mark as a trademark and resolution mark, a number of years after Complainant obtained typical regulation civil liberties within the ATLIENS mark, a number of years after Complainant began use its ATLIENS mark in a method just like hallmark or resolution mark utilization, and several other years after the ATLIENS mark arrived and utterly associated to OUTKAST, Offender developed a digital dancing songs (” EDM”) duo in Atlanta, Georgia.
” Upon data and concept, Offender picked the title ATLIENS for his or her EDM duo to commerce upon the outstanding recognition and status associated to Complainant’s ATLIENS cd, monitor, and mark, or, at a minimal, to contact us to clients’ minds Complainant’s well-known ATLIENS cd, monitor, and mark.”
Outkast and their lawful group, Barnes & & Thornburg LLC, need the EDM duo to be “utterly suggested and restricted from, straight or not directly” making use of the title in any respect. They likewise need the united state Answer Mark Enrollment No. 6,136,315 to be terminated and to build up offsetting, subordinate and substantial issues.
Varied different wants encompass: “That the Offender be wanted to symbolize and pay to Complainant all positive aspects, revenues, and advantages obtained by it from the unlawful duties affirmed right here” and “That the Offender be wanted to pay improved, trebled, and/or compensatory damages as a result of unyielding and crimes as affirmed right here.”
They’re requesting for his or her lawful prices to be spent for, too, which the EDM duo be wanted to get rid of any kind of and all on-line use the ATLIENS mark, consisting of utilizing any one in every of its websites, social media websites accounts or in any other case.”
