Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Well, let's move on from that, because I just want
to get this other story. But this also deals with
you know, because I'm always fascinated by anything to do
with copyright, intellectual property, all of that is, trademarks, all
of that is very fascinating to me. Obviously I did
not go to law school, but if I had the
type of law that I would probably be practicing would
have to do with all that, I'd probably be an
(00:21):
entertainment lawyer because these things are so interesting to me.
But this is another story that you sent me. This
is from pitchfork dot Com. Neil Young has been sued
by Chrome Hearts Fashion over his band's new name. And
by the way, I didn't even know that Neil Young
had a new band, you know. I just think of
him as a solo artist, of course, but.
Speaker 2 (00:42):
I didn't know there was a fashion called Chrome I
didn't either Chrome Heart the Chrome Hearts.
Speaker 1 (00:48):
The Los Angeles company is not happy about the existence
of Neil Young and the Chrome Hearts, so says here.
Last year, Neil Young began to play shows with a
new backing band that he called the Chrome Hearts. Then
in June, Neil Young and the Chrome Hearts, featuring Young,
Micah Nelson, Corey McCormick, Anthony Legerfo Orligerfo and Spooner Old
(01:13):
Him released their debut album, Taken to the Trees I'm
Sorry Talking to the Trees Now. Young and his bandmates
are being sued by the la fashion brand Chrome Hearts
for trademark infringement. Chrome Hearts LLC filed its complaint in
a California federal court on Thursday, September eleventh. The lawsuit
(01:34):
was first reported by Billboard. In the complaint obtained by Pitchfork,
lawyers for Chrome Hearts outline the brand's ownership quote of
the Chrome Heart's word mark and composite trademarks comprising the
Chrome Hearts mark and design components unquote, dating back to
nineteen ninety one. They argue that Young and his bandmates
(01:57):
are infringing upon the brand's trademark by selling Neil Young
and the Chrome Heart's merchandise. That quote incorporates the exact
Chrome Heart's word mark and thus likely to cause confusion
with Chrome Heart's various Chrome Heart marks. The likelihood of
confusion is not merely hypothetical. Some clothing and apparel vendors
(02:20):
have apparently already mistakenly assumed that there is a connection
between Neil Young and the Chrome Hearts and Chrome Hearts
and are actively promoting that purported connection. For example, some
vendors have started marketing T shirts that prominently display mister
Young's name and the Chrome Heart's iconic stylization of the
(02:42):
Chrome Heart's mark unquote. I assume, by the way, so
what that means is it's using the same font as
the Chrome Heart's logo. I have to assume otherwise there
would probably be no issue. I wouldn't think.
Speaker 2 (02:57):
I think you only had to be concerned about another
band's name.
Speaker 1 (03:00):
Yeah, I wouldn't. I mean, it's they're claiming, according to
that from the lawsuit, that verbia's from the lawsuit, that
it's already causing confusion. I find that heart of belief.
If it is causing confusion. If that's true, then I
guess that bolster is their case. But I'm a little skeptical.
It says here. According to the complaint, Chrome Hearts notified
(03:20):
Young's team in July about the alleged trademark infringement, but
the band continued to tour under the banner and sell merchandise.
Through the lawsuit, Chrome Herts is now requesting that Neil
Young and the Chrome Hearts stop using the name. Pitchfork
has reached out to representatives for Neil Young and the
Cromarts and lawyers for Cromharts LLC for comment. So there
(03:40):
you go. I don't really know what to make.
Speaker 2 (03:43):
Of that one, right, I mean, I always thought it
would be different if it's a band, Like how is
it usually is banned?
Speaker 1 (03:51):
Like? How is that confusing? Usually if it's the music,
if it's completely different industries, then you usually doesn't end
up mattering. But I don't know, I don't know. I mean,
does Chrome Hearts, I don't know what kind of fast.
Speaker 2 (04:09):
Youngs?
Speaker 1 (04:10):
I doubt it. But maybe maybe they're trying to get
some money. Maybe they want maybe they'd like to make
a settlement where Neil Young pays X amount of money
to sort of license the name Chrome Hearts.
Speaker 2 (04:20):
Or are they doing this just to get more attention
onto their products? Because hey, it makes a great story,
that could.
Speaker 1 (04:26):
Be talking about it. That could be too Yeah, because
I'd never even heard of Chromharts and you.
Speaker 2 (04:30):
Didn't say anything about them sewing for money. Interestingly, well,
they want him to stop using the name. Is there
a cash requestion.
Speaker 1 (04:37):
There there there may be a well, like I said,
I mean if they can, if they can come to
a settlement, which these things often do. They they more
often settle than actually go to court. So they might
come to a settlement where they effectively license the name
Chrome Hearts to Neil Young it's silly, or or they
get a percentage of uh of of revenue generated from
(05:00):
Neil Young merchandise which has Chrome Hearts.
Speaker 2 (05:03):
If I see Neil Young and the Chrome Hearts stuff
at this new arena, I know that that I'm going
to be confused and go by clothing.
Speaker 1 (05:09):
Well that's the thing that would that that would be Yeah,
that would be a good counter argument in the lawsuit.
Speaker 2 (05:13):
Yeah, it's not like it's and it's not even like
they're not even promoting the name separately. It's with Neil Young,
So Neil Young and the Chrome Heart. Right, it's not
a separate name even.
Speaker 1 (05:24):
Right if the band was simply called Chrome Hearts, that
would be well.
Speaker 2 (05:27):
Even if they are, it's a band, it's not a
clothing designer. Yeah, unless their T shirts start making music.
I don't hear it, right, I think I'm saying.
Speaker 1 (05:40):
I'm not sure I'm a little I usually draw a
pretty fast conclusion with this stuff. I'm a little I'm
a little undecided. I'm uncertain of this one. Yeah, usually
surprises me too. I usually see these things a little
bit more cut and dry. But I think it's stupid.
I'm not I'm not sure on this one. I don't see.
Speaker 2 (05:59):
Anybody mixing up clothing with and and the only merch
they're selling is band related.
Speaker 1 (06:04):
So yeah, but there's but again from Cromart's position, see
they're gonna argue, yeah, you're right, but what what what
kind of merch do you sell that's band related clothing?
T shirts?
Speaker 2 (06:18):
A T shirts.
Speaker 1 (06:20):
That's the argument they're gonna use.
Speaker 2 (06:21):
It's not a whole product, it's.
Speaker 1 (06:23):
You know, it'd be one thing if they were just
selling CDs, you know, or something. But you're in the
same industry, you're selling merch. But see but that all
but see that, But that's the art. But they are,
in a sense, and that's the argument.
Speaker 2 (06:35):
The same industry. They're in music.
Speaker 1 (06:37):
Merchandising of clothing. That is the same. And if you're
in the music industry, you're in the merch you're in
the merchandise industry.
Speaker 2 (06:44):
You are going to follows brand clothing like a brand,
which I don't. But people who follow brand clothing.
Speaker 1 (06:52):
Don't confuse it with musicians.
Speaker 2 (06:54):
They might get interested in a brand, but they're not
gonna confuse it. Oh, I thought you were selling T
shirts in here?
Speaker 1 (07:01):
Why are there so many drums? Like?
Speaker 2 (07:02):
Come on, that doesn't happen. You don't go to the
T shirts, you don't go to Marshal's. Walk over to
the rack that's got chrome whatever here and look for
Neil Young. It doesn't work that way.
Speaker 1 (07:14):
Right, I'm sorry, I don't no, I I hear you.
Speaker 2 (07:19):
Both of these stories are set to me today.
Speaker 1 (07:22):
I'm just a little bit. I'm just a little bit uncertain.
We're gonna have to follow that one closely as it
moves forward.
Speaker 2 (07:27):
Now, let's see there to it than.
Speaker 1 (07:29):
Very curious I'm missing or something. Yeah, I'm very curious
to see how that ends up. I don't see consumer
confusion here. Well, no, but from the from that statement
from the lawsuit, it sounds like Cromart's is saying there's
like confusion within the industry, within the fashion industry, give
me a break, because they're getting orders from give me
a break.
Speaker 2 (07:48):
I don't know, and they're getting orders from stupid people
that don't know the difference between a musician and clothing designers.
I don't think I'm sticking to it, all right, We
dug in
Speaker 1 (08:01):
We gotta go, we gotta go.
Well, let's move on from that, because I just want
to get this other story. But this also deals with
you know, because I'm always fascinated by anything to do
with copyright, intellectual property, all of that is, trademarks, all
of that is very fascinating to me. Obviously I did
not go to law school, but if I had the
type of law that I would probably be practicing would
have to do with all that, I'd probably be an
(00:21):
entertainment lawyer because these things are so interesting to me.
But this is another story that you sent me. This
is from pitchfork dot Com. Neil Young has been sued
by Chrome Hearts Fashion over his band's new name. And
by the way, I didn't even know that Neil Young
had a new band, you know. I just think of
him as a solo artist, of course, but.
Speaker 2 (00:42):
I didn't know there was a fashion called Chrome I
didn't either Chrome Heart the Chrome Hearts.
Speaker 1 (00:48):
The Los Angeles company is not happy about the existence
of Neil Young and the Chrome Hearts, so says here.
Last year, Neil Young began to play shows with a
new backing band that he called the Chrome Hearts. Then
in June, Neil Young and the Chrome Hearts, featuring Young,
Micah Nelson, Corey McCormick, Anthony Legerfo Orligerfo and Spooner Old
(01:13):
Him released their debut album, Taken to the Trees I'm
Sorry Talking to the Trees Now. Young and his bandmates
are being sued by the la fashion brand Chrome Hearts
for trademark infringement. Chrome Hearts LLC filed its complaint in
a California federal court on Thursday, September eleventh. The lawsuit
(01:34):
was first reported by Billboard. In the complaint obtained by Pitchfork,
lawyers for Chrome Hearts outline the brand's ownership quote of
the Chrome Heart's word mark and composite trademarks comprising the
Chrome Hearts mark and design components unquote, dating back to
nineteen ninety one. They argue that Young and his bandmates
(01:57):
are infringing upon the brand's trademark by selling Neil Young
and the Chrome Heart's merchandise. That quote incorporates the exact
Chrome Heart's word mark and thus likely to cause confusion
with Chrome Heart's various Chrome Heart marks. The likelihood of
confusion is not merely hypothetical. Some clothing and apparel vendors
(02:20):
have apparently already mistakenly assumed that there is a connection
between Neil Young and the Chrome Hearts and Chrome Hearts
and are actively promoting that purported connection. For example, some
vendors have started marketing T shirts that prominently display mister
Young's name and the Chrome Heart's iconic stylization of the
(02:42):
Chrome Heart's mark unquote. I assume, by the way, so
what that means is it's using the same font as
the Chrome Heart's logo. I have to assume otherwise there
would probably be no issue. I wouldn't think.
Speaker 2 (02:57):
I think you only had to be concerned about another
band's name.
Speaker 1 (03:00):
Yeah, I wouldn't. I mean, it's they're claiming, according to
that from the lawsuit, that verbia's from the lawsuit, that
it's already causing confusion. I find that heart of belief.
If it is causing confusion. If that's true, then I
guess that bolster is their case. But I'm a little skeptical.
It says here. According to the complaint, Chrome Hearts notified
(03:20):
Young's team in July about the alleged trademark infringement, but
the band continued to tour under the banner and sell merchandise.
Through the lawsuit, Chrome Herts is now requesting that Neil
Young and the Chrome Hearts stop using the name. Pitchfork
has reached out to representatives for Neil Young and the
Cromarts and lawyers for Cromharts LLC for comment. So there
(03:40):
you go. I don't really know what to make.
Speaker 2 (03:43):
Of that one, right, I mean, I always thought it
would be different if it's a band, Like how is
it usually is banned?
Speaker 1 (03:51):
Like? How is that confusing? Usually if it's the music,
if it's completely different industries, then you usually doesn't end
up mattering. But I don't know, I don't know. I mean,
does Chrome Hearts, I don't know what kind of fast.
Speaker 2 (04:09):
Youngs?
Speaker 1 (04:10):
I doubt it. But maybe maybe they're trying to get
some money. Maybe they want maybe they'd like to make
a settlement where Neil Young pays X amount of money
to sort of license the name Chrome Hearts.
Speaker 2 (04:20):
Or are they doing this just to get more attention
onto their products? Because hey, it makes a great story,
that could.
Speaker 1 (04:26):
Be talking about it. That could be too Yeah, because
I'd never even heard of Chromharts and you.
Speaker 2 (04:30):
Didn't say anything about them sewing for money. Interestingly, well,
they want him to stop using the name. Is there
a cash requestion.
Speaker 1 (04:37):
There there there may be a well, like I said,
I mean if they can, if they can come to
a settlement, which these things often do. They they more
often settle than actually go to court. So they might
come to a settlement where they effectively license the name
Chrome Hearts to Neil Young it's silly, or or they
get a percentage of uh of of revenue generated from
(05:00):
Neil Young merchandise which has Chrome Hearts.
Speaker 2 (05:03):
If I see Neil Young and the Chrome Hearts stuff
at this new arena, I know that that I'm going
to be confused and go by clothing.
Speaker 1 (05:09):
Well that's the thing that would that that would be Yeah,
that would be a good counter argument in the lawsuit.
Speaker 2 (05:13):
Yeah, it's not like it's and it's not even like
they're not even promoting the name separately. It's with Neil Young,
So Neil Young and the Chrome Heart. Right, it's not
a separate name even.
Speaker 1 (05:24):
Right if the band was simply called Chrome Hearts, that
would be well.
Speaker 2 (05:27):
Even if they are, it's a band, it's not a
clothing designer. Yeah, unless their T shirts start making music.
I don't hear it, right, I think I'm saying.
Speaker 1 (05:40):
I'm not sure I'm a little I usually draw a
pretty fast conclusion with this stuff. I'm a little I'm
a little undecided. I'm uncertain of this one. Yeah, usually
surprises me too. I usually see these things a little
bit more cut and dry. But I think it's stupid.
I'm not I'm not sure on this one. I don't see.
Speaker 2 (05:59):
Anybody mixing up clothing with and and the only merch
they're selling is band related.
Speaker 1 (06:04):
So yeah, but there's but again from Cromart's position, see
they're gonna argue, yeah, you're right, but what what what
kind of merch do you sell that's band related clothing?
T shirts?
Speaker 2 (06:18):
A T shirts.
Speaker 1 (06:20):
That's the argument they're gonna use.
Speaker 2 (06:21):
It's not a whole product, it's.
Speaker 1 (06:23):
You know, it'd be one thing if they were just
selling CDs, you know, or something. But you're in the
same industry, you're selling merch. But see but that all
but see that, But that's the art. But they are,
in a sense, and that's the argument.
Speaker 2 (06:35):
The same industry. They're in music.
Speaker 1 (06:37):
Merchandising of clothing. That is the same. And if you're
in the music industry, you're in the merch you're in
the merchandise industry.
Speaker 2 (06:44):
You are going to follows brand clothing like a brand,
which I don't. But people who follow brand clothing.
Speaker 1 (06:52):
Don't confuse it with musicians.
Speaker 2 (06:54):
They might get interested in a brand, but they're not
gonna confuse it. Oh, I thought you were selling T
shirts in here?
Speaker 1 (07:01):
Why are there so many drums? Like?
Speaker 2 (07:02):
Come on, that doesn't happen. You don't go to the
T shirts, you don't go to Marshal's. Walk over to
the rack that's got chrome whatever here and look for
Neil Young. It doesn't work that way.
Speaker 1 (07:14):
Right, I'm sorry, I don't no, I I hear you.
Speaker 2 (07:19):
Both of these stories are set to me today.
Speaker 1 (07:22):
I'm just a little bit. I'm just a little bit uncertain.
We're gonna have to follow that one closely as it
moves forward.
Speaker 2 (07:27):
Now, let's see there to it than.
Speaker 1 (07:29):
Very curious I'm missing or something. Yeah, I'm very curious
to see how that ends up. I don't see consumer
confusion here. Well, no, but from the from that statement
from the lawsuit, it sounds like Cromart's is saying there's
like confusion within the industry, within the fashion industry, give
me a break, because they're getting orders from give me
a break.
Speaker 2 (07:48):
I don't know, and they're getting orders from stupid people
that don't know the difference between a musician and clothing designers.
I don't think I'm sticking to it, all right, We
dug in
Speaker 1 (08:01):
We gotta go, we gotta go.
Popular Podcasts
On Purpose with Jay Shetty
I’m Jay Shetty host of On Purpose the worlds #1 Mental Health podcast and I’m so grateful you found us. I started this podcast 5 years ago to invite you into conversations and workshops that are designed to help make you happier, healthier and more healed. I believe that when you (yes you) feel seen, heard and understood you’re able to deal with relationship struggles, work challenges and life’s ups and downs with more ease and grace. I interview experts, celebrities, thought leaders and athletes so that we can grow our mindset, build better habits and uncover a side of them we’ve never seen before. New episodes every Monday and Friday. Your support means the world to me and I don’t take it for granted — click the follow button and leave a review to help us spread the love with On Purpose. I can’t wait for you to listen to your first or 500th episode!
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com