H&M has been sued by Classixx (the electronic duo of Michael David and Tyler Blake) for alleged trademark infringement due to the selling of unlicensed clothing having the band’s name without the band’s permission.
The lawsuit was filed in the Central District of California, and according to the report from the plaintiff, H & M was fully aware of the band’s name and trademark as their music was played in H&M outlets worldwide.
After filing the suit, Classixx sent a cease & desist to H&M. H & M responded as a counter that “the use of a word as a decorative feature on an article of clothing is not trademark use.”
Our client attempted to resolve this amicably with H&M before going to court. But, despite H&M’s blatant infringement of Classixx’s trademark and publicity rights, it denied any liability, threatened Classixx with claims for costs and attorneys’ fees, and insultingly referred to the band as a “relatively unknown DJ duo.” Clearly, H&M, which has been known to broadcast Classixx music in its stores, is no friend to the artist. For H&M to profit by marketing and selling without consent “Classixx”-branded apparel at its stores around the world is bad, but responding in the manner it did is even worse. The band looks forward to their day in court.