Coachella sues film festival despite ‘appreciating its enthusiasm’
The organisers of the Coachella music festival have filed a lawsuit against a Californian resident running a film festival called ‘Filmchella’.
In a complaint (pdf) filed at the US District Court for the Central District of California on Tuesday, August 15, Coachella said it “appreciates the enthusiasm shown by defendants”, but wants them to use a “distinctive name of their own”.
The defendants, Robert Trevor Simms and others who are unknown, run a “multi-day outdoor festival that features numerous forms of entertainment”.
Coachella said the festival, which is held near the site of its own event in California, causes “confusion” for the public. The organisers have sent several letters asking Simms to change the name of the festival.
“Plaintiffs have no objection to defendants’ holding a festival of their own, regardless of whether it features movies, films, music, or otherwise,” it stated.
It added: “Plaintiffs have been forced to file this action to protect the famous Coachella trademarks and service marks from infringement, dilution and cybersquatting.”
Coachella owns several registered trademarks, including US number 4,270,482 for the ‘Coachella’ name and 5,075,233 for ‘Chella’.
Filmchella operates several domain names, and its website offers weekend pass tickets for $50.
It describes its event, which is due to take place in September, as “the rock n roll experience for filmmakers”.
Coachella runs an annual music event, which sold over 250,000 tickets in 2017, according to the claim.
It is seeking a restraining order, injunctive relief, damages, a transfer of profits and attorneys’ fees.
The 2017 Coachella festival took place in April and featured musicians such as DJ Khalid, Kendrick Lamar and Lady Gaga.
A month before that, as reported by WIPR, the organisers took on Urban Outfitters in a trademark dispute, accusing it of selling Coachella-branded apparel.
It sought injunctive relief, removal of items offered for sale, corrective advertising, triple damages, profits, attorneys’ fees and a jury trial.
Urban Outfitters responded by branding Coachella’s claims “merely conclusory”.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox
Today’s top stories:
Poundland and Mondelēz go to war over Toblerone lookalike
Federal Circuit stays on track to award $2.5m in rail patent case
Already registered?
Login to your account
If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.
For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.
To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk