Thursday, July 9, 2020

The Group Formally Known As Lady Antebellum Sues Lady A


Attorneys for Lady A, formerly known as Lady Antebellum, have filed a suit against blues singer Anita White who goes by the name Lady A, Billboard reports.

According to the suit, filed Wednesday in Nashville’s U.S. District Court for the Middle District of Tennessee, the case arises from White’s “attempt to enforce purported trademark rights in a mark that Plaintiffs have held for more than a decade.”

The suit also alleges that after conversations broke down between the band -- whose members are Hillary Scott, Charles Kelley and David Haywood -- and the singer and their respective attorneys, White’s new counsel “delivered a draft settlement agreement that included an exorbitant monetary demand.” While the dollar figure is not mentioned in the suit, a statement concurrently issued by the band says the amount is $10 million.

On June 11, the band announced via Instagram that it was dropping the name Antebellum from its name after reflecting on the Black Lives Matter movement and in an effort to be more inclusive.

The next day, June 12, Seattle-based White, who says she has been performing under the name Lady A for more than two decades, told Rolling Stone she was blindsided when she heard the news. “This is my life. Lady A is my brand, I’ve used it for over 20 years, and I’m proud of what I’ve done.... They’re using the name because of a Black Lives Matter incident that, for them, is just a moment in time.... It shouldn’t have taken George Floyd to die for them to realize that their name had a slave reference to it.”

In the suit, the trio says the group has used Lady Antebellum and Lady A interchangeably as early as 2006-2007, and includes a page from its website in 2008 that cites the band by the nickname, as well as several other references to the band as Lady A through the years.

In May 2010, according to the suit and U.S. Patent and Trademark Office filings reviewed by Billboard, the band applied to register Lady A for entertainment purposes, including live musical performances and streaming musical programming. After there was no opposition filed by any person or entity, the application was registered on July 26, 2011. Further applications to register the name for musical recordings and clothing were also granted after there was no opposition.

The suit acknowledges that the solo artist Lady A has performed under the name and has used the name while touring and to identify herself on recorded music released as far back as 2010 and on streaming services, but adds that “based on information and belief,” White has never used Lady A as a trademark and if she did, she applied after Lady Antebellum had secured its trademarks a decade ago.

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