Country band Lady A files suit against singer with same name

Country band Lady A files suit against singer with same name

However, things turned nasty on Wednesday (08Jul20) when bandmates Charles Kelley, Dave Haywood, and Hillary Scott filed suit against White in Tennessee, accusing her of trying to cash in on the situation by demanding $10 million (£8 million) to stop performing as Lady A.

White did not immediately respond to a request for comment from Variety.

All of the band's trademark applications were approved without contest; however, White is an independent artist, and, as Vulture writer Andrea Williams points out, she has never had legal counsel or other representatives who would have advised her of the need to trademark her brand.

San Diego-based trademark attorney T.C. Johnston said that even if White never officially applied for a trademark for the "Lady A" name, she still has "priority of use if there even is a likelihood of confusion between a country band and a blues singer from the northwest".

After learning of the trio's name change a month ago, White told Rolling Stone, "This is my life".

Just a day later the musicians had a video call and the band said they'd had "honest and authentic conversations". "We are excited to share that we are moving forward with positive solutions and common ground". "The hurt is turning into hope".

Additionally, the stars shared their remorse over how discussions between them and White fell apart.

White says that the first contract the band sent her, on June 30, "had no substance", claiming that it said they would coexist, and the group would "use their best efforts to assist me on social-media platforms, Amazon, iTunes, all that".

Ought to the case ever make it to court docket, untangling the 2 events' claims might show hard, as the previous Girl Antebellum says it used the "Girl A" informally on web sites and in merch going all the best way again to 2006 earlier than receiving the 2011 trademark, whereas White launched music below the identify as early as 2010, maybe establishing her personal de facto rights, even and not using a formal trademark. The band is not seeking monetary damages, according to the filing.

Band members Hillary Scott, Charles Kelley, and David Haywood chose to sue immediately after "White's endeavor to enforce purported trademark rights in a mark that Plaintiffs have held for much more than a 10 years", in accordance to the lawsuit.

In their suit, Lady A do not ask for money from White; rather, they want a declaration from the court that they are using their name lawfully, and that they are not infringing on White's rights by continuing to use it. "After much personal reflection, band discussion, prayer and many honest conversations with some of our closest black friends and colleagues, we have chose to drop the word "antebellum" from our name and move forward as Lady A, the nickname our fans gave us nearly from the start".

Additionally, as per the statement includes, "When we learned that Ms".

They insist that they wouldn't try to keep White from performing as Lady A, just that they want her to allow them to do the same.

They added, "We by no means even entertained the concept that she shouldn't additionally have the ability to use the identify Girl A, and by no means will - at present's motion doesn't change that". We felt we had been brought together for a reason and saw this as living out the calling that brought us to make this change in the first place. "We're disappointed that we won't be able to work together with Anita for that greater goal", they said.

"We hope Anita and the adviser she is now listening to will change their minds about their approach. We will achieve this far more collectively than on this dispute".

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