Entertainment News –
July 10, 2020
Increase The Size Of Image
From left: Dave Haywood, Hillary Scott, Charles Kelley and Anita White
The artists previously known as Lady Antebellum checked the court of popular opinion this week when, after changing their name to Lady A in a gesture of support to the Black Lives Matter motion, news broke that they were suing a blues vocalist, Anita White, who has actually been utilizing the stage name Lady A for years.
We asked Kurt Dahl, an entertainment attorney and partner at Vancouver’s Murphy & Company company– who also plays drums and blogs about the crossway of the 2 at LawyerDrummer.com– to take us inside the case.
” I see a reasonable quantity of artist name conflicts come throughout my desk, but they rarely go to trial,” Dahl stated.
” Girl Antebellum truly made a series of missteps here,” Dahl declared. “In our current times, I can not believe of an even worse strategy from a p.r. viewpoint.”
However, he noted that, contrary to a brief read of the headlines around the case, the band is not suing White to prevent her from using the “Lady A” moniker, nor are they seeking a monetary amount, however are trying to ensure that they themselves will not be sued for using the manage going forward as the 2 artists get used to “sharing” the name.
Dahl also stated that the $10 million requested by White in return for her cooperation is “high, given the situations.” (White states that she means to contribute half the sum to various charities.)
An important contention of the band’s match is that they filed a hallmark application for the “Girl A” label in 2010 and received no opposition. However while the proposed trademark would have been published by the US Patent and Trademark Office, and White would have had the opportunity to object, Dahl says it’s not likely she even knew such a thing was happening.
The band’s fit does note that White was using Lady A because as early as 2010, but adds that “based on information and belief,” White has never trademarked the name.
” She would not have gotten an alert unless she had registered for them or had previously filed for that hallmark,” Dahl said. “The onus would have been on her to file an objection [and] I extremely doubt that the band would have reached out to her.”
He continued, “My guess is that the band and their team did some browsing at that time, found the existing Girl A, and decided she wasn’t huge enough to position a risk. By ‘huge enough,’ I mean her reach as an artist in terms of worldwide sales, visiting, etc. The alternative is that the band (and their manager and trademark legal representative) could not find her via Google search, which is difficult to think. Bottom line: they got dreadful legal guidance someplace along the method. They need to have called me.”
Despite a June 15 Instagram post that declared the band had “linked privately with the artist Lady A” for “transparent, truthful, and genuine discussions,” things have actually absolutely deviated.
” This is my life. Lady A is my brand, I’ve used it for over 20 years, and I take pride in what I’ve done,” White told Rolling Stone this week. “This is excessive now. They’re using the name because of a Black Lives Matter occurrence that, for them, is just a minute in time. If it mattered, it would have mattered to them before. It shouldn’t have taken George Floyd to die for them to understand that their name had a slave recommendation to it.
” It’s an opportunity for them to pretend they’re not racist or pretend this indicates something to them. If it did, they would’ve done some research study.”