Months after pursuing legal action against DJ Envy and His Carchella Happens, Coachella, and Goldenvoice are officially suing Live Nation for “contribution and service mark violations,” over an advertiser’s alleged non-stop selling tickets to events at a venue called Coachella Crossroads, including the “Coachella Day One 22” festival.
Coachella and Goldenvoice were sent recently 29 pages long action filed in federal court in California, naming defendants Live Nation and Bluehost, acting as the Unified Layer and as a “service provider” for the Coachella Crossroad website.
The multifaceted complaint from the outset alleges that Mission Indians Band Twenty-Nine Palms – a non-participant in the lawsuit – is “attempting to host a competitive live music event,” in the form of Coachella. The aforementioned Day One 22 and the Coachella Crossing location.
Twenty-nine Palms’ Coachella Crossing is located in Coachella, California — “about 5 miles” from the site of the music festival of the same name, according to the plaintiffs. Bear in mind the facility’s proximity to the Empire Polo Club – as well as Coachella plans to stay at the site for many years to come – April 2018 saw Twenty-Nine Palms switch to the Coachella Crossroads brand, documents show.
USPTO then released office action, “Cite potential confusion” between the Coachella Crossroads trademarks and the Coachella trademarks.
Following a re-sizable application were “informal discussions” between attorneys Goldenvoice/Coachella and Twenty-Nine Palms, at which point the latter individuals “indicated that the venue would only be open to the public.” use for local community events, such as youth football and sporting events, and any music or live entertainment will be incidental to such events,” single disclosure event.
This purported statement led the plaintiffs to drop their objections to the trademark application, although 2021 is said to have seen Coachella Crossroad begin “advertising and promoting live music events Continue,” starting with a performance by Toby Keith.
Now, the venue’s website “contains absolutely no information or content about sporting facilities for sporting events, or athletic and athletic competitions,” the plaintiffs assert, but includes promotions for Coachella Day One 22 in progress.
Scheduled to kick off at 8pm on December 31, the event will feature DJ Diesel (i.e. Shaquille O’Neal), Getter, and E-40.
And in promoting the New Year’s outing, which allegedly caused “factual confusion,” Twenty-Nine Palms knowingly traded “in good faith” Coachella brands (including entertainment bookings similar to Coachella itself) and allegedly copying “special advertisements and marketing materials. ”
As for the timing of the lawsuit, it’s worth mentioning here that last Thursday, December 9, allegedly saw Twenty-Nine Palms start offering free tickets to the December 31 event and tickets respectively, as stated in the complaint, are available on Ticketmaster as “Coachella Free Offers. ”
An October 28 cease-and-desist letter sent by plaintiffs to Twenty-Nine Palms does not appear to result in a change in the name (or operational details) of the event and the locations at the heart of the case. Furthermore, Coachella’s attorneys admitted in the document that “Twenty-nine Palms may have a sovereign immunity.”
That said, “others who contributed to the infringement” — Live Nation and Unified Layer, according to the plaintiffs — “are not equally privileged and subject to infringement claims of a nature that contribute as well as the jurisdiction of the Court,” the lawsuit includes, stating .
Thus, after devoting many pages to recommending Coachella as “one of the country’s premier arts and music festivals” and “one of the most critically acclaimed music festivals in the world, ” — in addition to highlighting the big-name performers and many attendees that the 22-year-old event has attracted — the suit takes a deep dive into the alleged violation that contributed to Live Nation .
In late October, in addition to sending an unsubscribe letter to Twenty-Nine Palms, the plaintiffs forwarded a similar notice to Live Nation, outlining the perceived violation and demanding that parent company Ticketmaster “immediately” immediately cease all ticket sales for COACHELLA DAY ONE 22 and any other music festivals, live concerts or similar events. ”
But Live Nation only modified the “Coachella Day One 22” Ticket Manager listing to “Day One 22” according to the lawsuit and the event’s page on the ticketing platform. The original name remained “in certain Live Nation advertisements and in other event-related advertisements,” according to the plaintiffs, and a subsequent letter in mid-November from Coachella and Goldenvoice apparently It wasn’t enough for the Beverly Hills-based promoter to delete the yearend event entirely.
Live Nation’s actions (as well as those of Unified Layer) have “irreparable harm” to Coachella and “the public has an inherent interest in being free from confusion, confusion, and deception”, The text goes on to reach its conclusion, with the defendant event company allegedly “inciting, enabling, and contributing to the infringement in a substantial way.”
At the time of publication of this work, Live Nation – ie faced several lawsuits about the Astroworld tragedy – did not appear to have commented publicly on this action from Coachella, leave Travis Scott from the 2022 product line.
https://www.digitalmusicnews.com/2021/12/14/coachella-live-nation-lawsuit/ Coachella sues Live Nation for alleged trademark infringement