Hip-hop duo alleges EDM artists officially trademarked the term in 2020 unbeknownst to them, even though their ATLiens album came out in 1996
In 2020, the EDM duo registered the ATLiens name as a service mark with the U.S. patent office, unbeknownst to Outkast. The company that owns the EDM duo’s mark is ATLiens Touring, Inc., while Outkast’s company, the official plaintiff in the suit, is High Schoolers, LLC. High Schoolers, LLC have five ATLiens registrations pending. “Plaintiff also did not give consent or approval to Defendant to file a service mark application directed to the ATLiens mark or any variation thereof,” the suit claims.
The EDM duo’s mark covers music composition, production, entertainment services, and providing music online, among other business actions. Outkast’s five pending marks seek to cover music videos, downloads, merchandise, printed books, and other goods. Outkast allege in the lawsuit that the EDM duo’s trademark has already been causing confusion. They’re asserting “senior rights,” calling the album ATLiens and merch with the term on it as establishing “common law rights” in the Nineties, where the EDM duo claim to have first used the mark in 2012. Incidentally, Googling “ATLiens” first produces the website for the EDM duo and then the Wikipedia page for Outkast’s album.
Outkast and their legal team, Barnes & Thornburg LLC, want the EDM duo to be “permanently enjoined and restrained from, directly or indirectly” using the name in any way. They also want the U.S. Service Mark Registration No. 6,136,315 to be cancelled and to collect compensatory, incidental and consequential damages.
