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23 September 2019TrademarksRory O'Neill

The Clash serve Wilson with TM suit over tennis rackets

The company representing UK punk band The Clash has sued Wilson Sporting Goods over tennis rackets bearing the band’s name.

In the lawsuit, filed at the US District Court for the Central District of California on Friday, September 20, Dorisimo, a company established by members of The Clash in 1979, accused Wilson of infringing its trademarks.

According to the suit, Dorisimo is the owner of a US trademark (number 3963968) for ‘The Clash’ in classes 9, 25, and 41, covering goods and services including sound recordings, clothes, and DVDs.

Surviving members of The Clash Paul Simonon, Mick Jones, and Topper Headon are listed as company directors of Dorisimo, according to UK Companies House.

The mark for ‘The Clash’ is “one of the most iconic in the entire music industry”, the complaint said.

On August 23 this year, Dorisimo also filed an application for the mark to cover tennis shoes in class 25.

Dorisimo said that since 2010 it has sold and marketed sneakers and tennis shoes featuring the name of the band.

The UK company is arguing that Wilson’s tennis rackets bearing the name of the band infringe its trademarks “since tennis shoes are used together with tennis rackets”.

Wilson has also used the mark on its social media accounts to market the allegedly infringing rackets, Dorisimo said.

“Wilson’s use of the mark ‘The Clash’ and variations thereof, is likely to cause confusion, mistake, or deception among consumers as to the source, quality, and nature of defendants' tennis rackets,” the suit added.

Dorisimo is seeking at least $3 million in damages for the alleged infringement, as well as attorneys’ fees.

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