By: Emily Wolfford
Every year, thousands of celebrities and music lovers gather in Indio Valley, California, to experience six days of the world’s most popular music festival, Coachella.[1] Aside from the music, Coachella is a chance for these celebrities and fashion lovers to show off their best summer bohemian statement pieces.[2] In preparation for this event, fans spend months planning out the perfect outfits by shopping at “music-festival chic” stores such as Free People, Top Shop, and of course, Urban Outfitters.[3] For years, these brands have been incorporating the name of the festival into their clothing lines, using names such as “Coachella Valley Tunic” to entice fashion-hungry Coachella fans.[4] On March 17, 2017, Coachella decided to take action on this alleged trademark infringement.[5]
In the complaint, Coachella alleges that Urban Outfitters and Free People have been profiting from advertisements on web searches for “Coachella Clothing” in addition to using their trademark without permission.[6] Under the Lanham Trademark Act[7], a valid trademark owner may file suit against a company for using similar designs it believes to be confusing or deceitful to consumers.[8] Coachella asserts that the defendants had purchased a “keyword” so their products would pop up whenever “Coachella” is searched, which creates the alleged confusion in the market for consumers who believe Urban Outfits may have a collaboration, sponsorship, or affiliation with the music festival.[9] Urban Outfitters has even gone as far operating a blog called “Coachella Street Style” to marrket its Coachella-themed apparel.[10] Coachella is asking the California court to bar these companies from selling the allegedly infringed goods and prevent them from engaging in “collective advertisement.”[11] There has yet to be a response from Urban Outfitters, but plaintiffs claim they have been in touch since April 2016 demanding the defendants to discontinue these products, and have already entered a temporary restraining order.[12]
This is not the first time either company has been involved in litigation. Coachella has successfully won a similar trademark suit against “Hoodchella” in March 2016. Meanwhile, Harley Davidson successfully sued Urban Outfitters in 2014 for similar trademark infringement, and the California textile company Unicolors, Inc. won a suit against the defendants in 2015.[13] Coachella is scheduled for April 14-23 this year, making this lawsuit a strategic move for festival fashion lovers who have likely already begun planning their outfits.[14]
[1] Emily Canal, Coachella vs. Other Music Festivals: The Numbers, Forbes (Apr. 22, 2016, 9:30 AM EST) https://www.forbes.com/sites/emilycanal/2016/04/22/coachella-vs-other-music-festivals-the-numbers/#24718d723039.
[2] Priya Rao, What to Wear to Coachella, InStyle (Apr. 2, 2016, 10:45 AM EST) https://www.instyle.com/how-tos/what-to-wear-to-coachella#1233046.
[3] Id.
[4] Aric Jenkins, Coachella is Suing Urban Outfitters for Using the Festival’s Name to Sell Merchandise, Fortune (Mar. 18, 2017) https://fortune.com/2017/03/18/coachella-festival-suing-urban-outfitters/.
[5] Coachella Music Festival LLC et al. v. Urban Outfitters Inc. et al.,No. 2:17-cv-02027 (C.D. Cal. March 14, 2017).
[6] Aric Jenkins, Coachella is Suing Urban Outfitters for Using the Festival’s Name to Sell Merchandise, Fortune (Mar. 18, 2017) https://fortune.com/2017/03/18/coachella-festival-suing-urban-outfitters/.
[7] 15 U.S.C. § 1114(1); 15 U.S.C. 1125(a), (c).
[8] Coachella Music Festival LLC et al. v. Urban Outfitters Inc. et al.,No. 2:17-cv-02027, at 13 (C.D. Cal. March 14, 2017).
[9] Kat Greene, Coachella Hits Urban Outfitters, Free People With TM Suit, Law360 (March 14, 2017 8:46 PM EDT) https://www.law360.com/articles/902025.
[10] Id.
[11] Aric Jenkins, Coachella is Suing Urban Outfitters for Using the Festival’s Name to Sell Merchandise, Fortune (Mar. 18, 2017) https://fortune.com/2017/03/18/coachella-festival-suing-urban-outfitters/; Coachella Music Festival LLC et al. v. Urban Outfitters Inc. et al.,No. 2:17-cv-02027 (C.D. Cal. March 14, 2017).
[12] Ryan Reed, Coachella Organizers Suing Urban Outfitters for Trademark Infringement, Rolling Stone (Mar. 17, 2017) https://www.rollingstone.com/music/news/coachella-suing-urban-outfitters-for-trademark-infringement-w472583; Coachella Music Festival LLC et al. v. Urban Outfitters Inc. et al.,No. 2:17-cv-02027 (C.D. Cal. March 14, 2017).
[13] Ryan Reed, Coachella Organizers Suing Urban Outfitters for Trademark Infringement, Rolling Stone (Mar. 17, 2017) https://www.rollingstone.com/music/news/coachella-suing-urban-outfitters-for-trademark-infringement-w472583
[14] Rachel Bergstein, Coachella Sues Urban Outfitters for Selling Festival-Branded Merchandise, Forbes, (Mar. 16, 2017 5:07 PM EST) https://www.forbes.com/sites/rachellebergstein/2017/03/16/coachella-sues-urban-outfitters-for-selling-festival-branded-merchandise/#6a47e693216c.
