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1 August 2017Trademarks

Coldplay merchandise sellers targeted in trademark lawsuit

The company that sells official merchandise for British rock band Coldplay has sued unnamed sellers for trademark infringement.

Filed on Thursday, July 27, at the US District Court for the District of Massachusetts, the complaint relates to merchandise for an upcoming Coldplay performance at the Gillette Stadium in Foxboro, Massachusetts this Friday, August 4.

Live Nation Merchandise accused the sellers of planning to sell goods of “inferior quality” in the vicinity of the concert and “continue to sell and distribute before, during and after subsequent concerts during the tour”.

The company stated in the complaint that it possesses exclusive rights to “utilise the group’s trademarks” and that the defendants are not authorised sellers of the merchandise.

It added: “Plaintiff and the group annually realise substantial income from the sale of the authorised tour merchandise bearing the group’s trademarks, and thousands of such items have been sold throughout the United States.”

Live Nation Merchandise is seeking injunctive relief, an order to seize and impound all infringing goods, an order for the defendants to deliver goods for destruction, and damages, court costs and attorneys’ fees.

The company sells official merchandise for several bands and musicians, including Janet Jackson, Shakira, Madonna and U2.

As reported by WIPR last year, Live Nation Merchandise and a photographer were at the centre of a copyright case that was partially reversed at the US Court of Appeals for the Ninth Circuit.

The court overturned a lower court’s grant of summary judgment that had found Live Nation’s infringement of the photographer’s image of hip-hop band Run-DMC had not been wilful.

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