Hells Angels Sue Dillard's and Rapper Clothing Line for Trademark Infringement

Nov 6

The Hells Angels Motorcycle Club's distinctive brand identifier of the winged skull logo called the "Death Head," in use by the club since 1948, is the driving force behind a trademark lawsuit against 8732 Apparel, LLC and Dillards, Inc. 8732 is owned by rapper Young Jeezy.

The test for trademark infringement is likelihood of consumer confusion regarding the source of the product. The first part of the test determines the similarity of the marks. Removing my trademark lawyer cap and simply looking at these jackets as a consumer: I'm confused. Even without going through all the steps of the likelihood of confusion test, it looks like HAMC should have a winner.

What do you think?

Link to complaint at www.jdsupra.com.

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Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com

Tamera Bennett

Meet lawyer Tamera Bennett, your trusted advocate for trademark, copyright, and music law in the Dallas/Fort Worth area. Tamera gets it when her clients pour their heart and soul into their projects…she is just as passionate about using the law to protect her clients' intellectual property rights.

Tamera’s office might be in a “small town,” but her 25 years’ of legal experience allows her to counsel clients on deals in all the “big” cities.

Meet Tamera Bennett

Gordon Firemark

Gordon Firemark is an attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television,and music. He is also the publisher of Entertainment Law Update., a newsletter for artists and professionals in the entertainment industries. His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry.

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