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Shelter In Place Institute: Lady A - A Trademark Controversy and Commentary
For 14 years, Hilary Scott, Charles Kelley, and Dave Haywood found success as the country music group Lady Antebellum, despite the association of the “antebellum” name with the pre-Civil War South. During the recent social awakening to racism in America, the group announced it would change its name to Lady A. In attempting to avoid one racial controversy, however, the name change created another, because Lady A was already being used as a stage name by the Black blues singer and activist, Anita White, for more than twenty years. After attempts to resolve the conflict failed, the band filed suit seeking a declaratory judgment that their use of the name Lady A does not infringe any rights held by the singer; and the singer filed a competing lawsuit alleging trademark infringement by the band. Intellectual property scholar and Santa Clara Law Professor Tyler Ochoa will explain the factual background and legal issues and analyze how trademark law and the right of publicity may apply to the pending lawsuit.
1 Participatory MCLE Credits
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