Cool Kids Send Cease and Desist Letter to Teenage Cool Kids

Indie rock band Teenage Cool Kids had a pretty big presence at SXSW last week (given that the band is from Texas, that shouldn't be too much of surprise), and they seem to have paid dearly for that--the group got a cease and desist order from Chicago rap duo The Cool Kids for name infringement. Here's a portion of the legal document Cool Kids' legal team sent to Teenage Cool Kids, which the band posted online :

 Dear Sir or Madam,

 

Please be advised we represent Creating Art for Kids Everywhere, LLC (" CAKE "), the owner of all right, title, interest in and o the United States registered trademark, The Cool Kids (the " The Cool Kids MARK ")(attached hereto as Exhibit A is Registration Certificate). It has come to our attention that your use of the name, Teenage Cool Kids (the " Infringing Name ") in commerce associated with entertainment services, audio performances, live music, live online concerts, recorded music, and concerts, infringes our client's federally registered trademark rights and dilutes the products and services associated with The Cool Kids Mark.

 

Prior to formation of Teenage Cool Kids in March of 2007, our client had established its presence with the public via the Web, traditional and streaming airwaves, live performances, and concert venues. The advent of our client's ascent in the music industry has been unrelenting. At all relevant times prior to the formation of Teenage Cool Kids, our client use of The Cool Kids Mark has been extensive, continuous and without interruption.

Random capitalization all their's. At first it seemed like it might be some unintended snafu, but Teenage Cool Kids have "the rock group" attached to the main sticker on their MySpace, so it seems like they at least acknowledge that the confusion might arise. This could also be my cynical side talking, but maybe the group used that name on purpose, considering barely anyone has heard of them until in relation to this story. [ Village Voice ]

Stumble It!
 

6 Responses

March 27, 2009 at 2:46 p.m.

oh dear, why is it so hard to be a cool kid these days?

March 27, 2009 at 7:16 p.m.

Different genres and the names aren't identical, so I don't see how anyone would confuse the two. Live and let live.

March 28, 2009 at 8:42 a.m.

I can, actually. They're as young as they say they are, they can still change they're name without losing any fanbase...

March 29, 2009 at 4:31 p.m.

Teenage Cool Kids have several singles out, a couple of tapes, a CD, an LP version of the CD in the works, and a new lp at the plant right now. They have toured the entire country and they'll be doing another 6 week Untied States tour in August followed by a full euro tour. They're not changing they're name. You cannot sue a band for having part of your band name, especially when it's a phrase that is so common. I'm pretty sure the Chicago rap group are not the first people to trademark the phrase "cool kids". If you get confused by the blatantly different band names then you're an idiot.

March 29, 2009 at 6:10 p.m.

Mayhaps the world's eleventy-billion "Crystal" "Wolf" and "Bear" bands should all send cease-and-desist letters to each other. I sure as hell can't tell half of those acts from the other.

April 7, 2009 at 5 p.m.

LOL america is so funny

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