Business News Legal Live Business
By Chris Cooke | Posted on Wednesday, December 15, 2021
Goldenvoice, owned by AEG, went legal again in an attempt to defend its Coachella festival brand, although this time the defendant in the lawsuit is AEG’s main rival, Live Nation.
In this particular legal dispute, the alleged trademark infringement concerns a festival whose name is Coachella. However, it’s probably worth noting, it’s a festival that takes place at Coachella.
Earlier this year, Goldenvoice sued the organizers of a series of events called Carchella, which are basically car shows with a bit of hip hop for good measure, led by American radio presenter DJ Envy.
Noting that Coachella had included a car show a few times in the past, Goldenvoice said the Carchella events caused “confusion, error and deception” as people might assume an official link between the shows in the automobile and the famous music festival.
Shortly after that complaint was filed – and once Goldenvoice obtained a temporary restraining order – DJ Envy agreed to rename its events as the Drive Your Dreams Car Show. So it was settled. And a Miami edition of the Drive Your Dreams Car Show was held last weekend.
The next festival with Goldenvoice trademark litigation is called Coachella Day One 22. It’s basically a small festival that takes place on New Years Eve with Lil Wayne, Diesel, E-40 and Getter, which runs until the first day of 2022, hence the name.
Considering that this is a music-centric event that actually has Coachella in its name, you might think Goldenvoice has a much stronger case for saying this festival is going to confuse consumers, a lot. assuming this is a New Years party hosted by the Coachella festival. And they would probably be right that at least some consumer confusion is likely.
However, the organizers of Coachella Day One 22 are likely to respond that this event takes place in the California town of Coachella at a venue called Coachella Crossroads, which is essentially an entertainment space that sits next to the Spotlight 29 Casino, one of the three casinos based on the Coachella edge which is actually found on Indian reservations. With all this Coachella-ness, why shouldn’t they include Coachella in the name of the event?
The event is actually hosted by the Twenty-Nine Palms Band of Mission Indians, who own and operate the casino. However, the leaders of the Native American tribe are immune from legal action due to sovereign immunity. Rather, AEG appears to be going after rival Live Nation, as it is involved in the New Year’s festival and sells tickets to the show through its Ticketmaster platform.
According to the variety, Goldenvoice says it has sent Live Nation two cease and desist letters since October, but the promoter and partners continue to publicize the Coachella Day One 22 festival. This means, according to the lawsuit, that Live Nation is responsible for the contributory trademark infringement and unfair competition. To this end, the AEG subsidiary wishes good compensation.
Live Nation has yet to respond.