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ARTICLE · 10 NOVEMBER 2020

Anita White Strikes Back With Second Trademark Suit

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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In July 2020, after country music group Lady Antebellum changed its moniker to "Lady A", Lady Antebellum filed a trademark lawsuit in the Middle District of Tennessee against blues...

United StatesIntellectual Property

In July 2020, after country music group Lady Antebellum changed its moniker to “Lady A”, Lady Antebellum filed a trademark lawsuit in the Middle District of Tennessee against blues singer Anita White, who had already been performing and releasing music under the name Lady A. As described in greater detail in a previous  blog post, Lady Antebellum sought a declaratory judgment that its use of the LADY A mark did not infringe any trademark rights held by White. Claiming that the Tennessee court lacked personal jurisdiction over her and the action was an improper anticipatory lawsuit, White filed a motion to dismiss Lady Antebellum's complaint (which is currently pending).

A few weeks later, White filed her own trademark lawsuit in the Western District of Washington, alleging that Lady Antebellum infringing her trademark rights in the LADY A mark. In response, Lady Antebellum filed its own motion to dismiss the Washington action, arguing that the “first-to-file” rule

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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