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13 October 2017Trademarks

Coachella wins preliminary injunction against film festival

The organisers of the  Coachella music festival have obtained a preliminary injunction against a Californian resident running a film festival called ‘Filmchella’, despite it already taking place.

As reported by WIPR last month, Coachella filed a complaint at the US District Court for the Central District of California seeking injunctive relief, damages, a transfer of profits and attorneys’ fees.

The organisers said Coachella “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”. A weekend pass at the event, which took place last month, sold for $50.

Handing down his verdict on Tuesday, October 10, Judge Gary Klausner granted the request for a preliminary injunction, stating that the court “has found that the ‘Filmchella’ mark may cause consumer confusion.

“Given that there is an inherent likelihood of confusion regarding the extent to which Filmchella is associated with Coachella, Filmchella’s success or failure would be likely to impact Coachella’s reputation,” the judge ruled.

In the ruling, he added that given Coachella has “much more goodwill that it stands to lose”, the risk of irreparable injury to the defendants if a preliminary junction were wrongly issued is ultimately outweighed.

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