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
Dear Sir or Madam,
Please be advised we represent Creating Art for Kids Everywhere, LLC ("
"), 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 "
") 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. [