Recently, country music trio Lady Antebellum changed their name to “Lady A” in the wake of the George Floyd protests and Black Lives Matter movement. (The old name carried an uncomfortable connection with the pre-Civil War, slave-holding South). But there was a problem: Since the early 1990s, Seattle blues singer Anita White had been using the stage name Lady A.
At first, it seemed the two parties would settle the matter of who could use the name amicably and out of court. But negotiations broke down in July of 2020, when the band formerly known as Lady Antebellum filed an action in U.S. District Court in Nashville seeking a declaratory judgment allowing them to use the name.
The band claimed they had used the Lady A moniker informally since filing for trademark protection in connection with entertainment services and for use on clothing in 2010. They further asserted that no opposition was filed in connection with their use of the mark at the time they made their 2010 application.
Ms. White soon brought a counterclaim in U.S. District Court in Washington, arguing that she had stronger rights to the Lady A trademark as a result of her continued use of the name for the past 30 years. She claimed that the country band’s use of the mark caused her to suffer “lost sales, diminished brand identity, and diminution in the value of and goodwill associated with the mark.”
Attorney for Ms. White, Brendan Hughes, a partner at Cooley LLP, wrote that “even if Defendants had used LADY A as a trademark, Ms. White possesses superior common law trademark rights, which precede the existence of Defendants’ band, let alone their alleged LADY A mark,” and that “to the extent that any prior coexistence occurred, it was only because Defendants’ use was limited, lacked prominence, and would have been overshadowed by the well-known LADY ANTEBELLUM mark.”
Ms. White also claimed rights to the profits the country band made while making use of the mark.
Apparently, the dueling parties have made nice. On January 31, 2022, the two sides filed a joint request to dismiss their claims with prejudice in the Tennessee court. Each agreed to bear its own costs, expenses, and attorney’s fees. The terms of the settlement were not disclosed. So, it is not clear who will be able to continue using the Lady A mark or if any money changed hands.
A spokesperson for Ms. White called her “the real Lady A,” and said only that she and the band had reached “a confidential, mutually agreeable solution.” Time will tell who in fact the “real” Lady A is when the terms of the settlement become clear, and we see who continues to use the name.
If you are facing your own intellectual property dispute, contact the experienced attorneys at The Myers Law Group for assistance.