ilbusca-istockphoto-com-beyonce-1
17 January 2019Trademarks

US court dismisses Beyoncé TM suit after singer drops claims

A US court has dismissed a trademark infringement suit filed by singer Beyoncé against online clothing company Feyoncé after she dropped her claims.

The musician brought the suit against the Texas-based company in 2016, alleging that it infringed her trademark for ‘Beyoncé’.

The case was dismissed at Beyoncé’s request by the US District Court for the Southern District of New York yesterday, January 16.

According to the original complaint, Feyoncé sold items intended to draw an association with the singer, including a mug with the phrase “he put a ring on it”, a reference to her song “Single Ladies”.

The singer said consumers would be confused into thinking that she had endorsed or was associated with the products.

Three individuals accused of selling the infringing goods online were also named as defendants in the suit.

A judge dismissed Beyoncé’s request for a permanent injunction against the company in September 2018. In the ruling, the court said that although the marks were “extremely similar in text, font, and pronunciation”, the Feyoncé name was a play on words which would not necessarily confuse customers over the products’ origin or association with the singer.

By replacing a “B” with an “F”, the court said, the defendants had created a mark which sounds like “fiancé”, which could “dispel consumer confusion that might otherwise arise”.

The court also denied summary judgment on Beyoncé’s claims of trademark dilution and unfair competition.

The case was then set to proceed to a jury trial before Beyoncé filed a motion to dismiss the suit in December 2018.

It is not known whether the parties have reached a settlement.

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:

EU General Court throws out Canadian company’s TM appeal

EU General Court rejects Ecolab trademark appeal

Match accuses Tinder co-founder of stealing trade secrets

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

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


More on this story

Trademarks
6 April 2016   Singer Beyoncé has sued an online clothing company for trademark infringement, accusing it of selling merchandise bearing the phrase ‘Feyoncé’.