“Classixx” is a Los Angeles house band that has enjoyed a considerable amount of global success. The band has recently gotten involved in a legal dispute after clothing H&M began selling sweaters with its band name proudly featured on them. Classixx said that it never gave H&M permission to list its band name and now the band has filed a trademark infringement lawsuit against H&M in the U.S. District Court in the Central District of California.
The lawsuit was filed last Thursday, and — according to a representative for Classixx — H&M has denied wrongdoing even though the retailer knew that it was using the band’s name on their sweaters. According to H&M’s attorneys, “the use of a word as a decorative feature on an article of clothing is not trademark use.” H&M is denying liability, and it is threatening Classixx with a counterclaim for attorneys’ fees and litigation costs. To add insult to injury, H&M referred to “Classixx” as a “relatively unknown DJ duo.”
On the side of Classixx, the attorney representing them said that the band tried to resolve the matter with H&M out of court, but H&M refused to work with them. The attorney for Classixx also pointed out that H&M has been known to broadcast Classixx music in its stores throughout the world, so the band is clearly known to the retailer. The lawyer further stated that the manner in which H&M responded to the band’s lawsuit was inappropriate.
Trademark infringement lawsuits are important for anyone who is having their intellectual property rights violated. By asserting one’s legal rights in court, and successfully navigating their legal proceedings, the victims of intellectual property infringement can receive financial compensation for the violation.
Source: SPIN, “Classixx Are Suing H&M for Trademark Infringement,” Rob Arcand, Oct. 22, 2017