Tool performing in Katowice, Poland. From left to right: Adam Jones, Maynard James Keenan, Danny Carey and Justin Chancellor. Photo: Andrey Molokovich via Wikimedia CommonsTool Releases First Album in 13 Years. Files Suit in Advance Against Bootleggers
The band Tool is promoting "Fear Inoculum," its first album in 13 years, in a U.S. tour that will hit Texas, California, New Jersey, New York and Connecticut. Its merchandise company alleges in a new lawsuit that bootleggers are selling fake Tool T-shirts that infringe on the band's trademarks.
October 22, 2019 at 05:27 PM
3 minute read
As the rock band Tool sets out on its next U.S. tour to promote "Fear Inoculum," its first album in 13 years, bootleggers in Houston are peddling fake Tool T-shirts that infringe on Tool's trademarks, a new lawsuit alleges.
In past years, there have been similar lawsuits over bootlegged merchandise by the Red Hot Chili Peppers, Slayer, Phish, Chance the Rapper and other artists. Protecting trademarks on T-shirts has grown harder as technology has enabled bootleggers to design and manufacture merchandise faster and easier, said Adam Barnosky, an associate with Ruberto, Israel & Weiner in Boston who's not involved in the litigation.
Represented by California attorney Cara Burns of Hicks, Mims, Kaplan & Burns in Santa Monica, Tool's merchandise dealer, Live Nation Merchandise Inc., has sued a large group of anonymous defendants who are allegedly planning to sell patent-infringing Tool gear at Tool's Oct. 27 concert in Houston.
The authorized merchandise company alleged in its Oct. 21 complaint in Live Nation Merchandise v. Does, filed in the U.S. District Court for the Southern District of Texas, that Tool owns U.S. trademarks for its marks used on clothing. The band has contracted with Live Nation to use its trademarks on tour merchandise for sale at the stops on its U.S. tour.
After Houston, according to the band's website, Tool is touring through the end of November to cities in Pennsylvania, California, New Jersey, New York, Connecticut, and Washington, D.C., among other places.
The lawsuit said the anonymous defendants at the Houston concert will be selling unauthorized, infringing merchandise that looks like the real thing, but of lesser quality. The fakes will confuse buyers and injure Tool's reputation, said the complaint.
The complaint doesn't explain how Live Nation knows the anonymous defendants are planning to sell counterfeit Tool gear.
"It also injures the group and plaintiff in that defendants do not have to pay any royalty for these unlawful sales," alleged the complaint.
Live Nation is suing for infringement of registered trademarks, and a violation of the Lanham Act. It seeks damages, costs, attorney fees, and injunctive relief to stop the bootleggers from selling the fake Tool merchandise, and to allow law enforcement to seize any fakes being sold at Tool's concerts on the tour.
The company promised to update its complaint with the names of real defendants once it learns who they are.
Burns, who focuses her practice on intellectual property in the entertainment industry, didn't immediately return a call or email seeking comment.
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