OutKast has filed a trademark infringement lawsuit against an electronic dance music duo called ATLiens – the same name as one of the iconic hip hop duo’s best-known songs.
In a lawsuit lodged Tuesday in Georgia federal court, lawyers for Big Boi (Antwan Patton) and André 3000 (André Benjamin) argue that the name (a combo of “aliens” and their hometown of Atlanta) is a novel linguistic term – and that the rival group is confusing music fans by using it.
“The word ATLiens was invented by OutKast. Before OutKast created it, it was not used in the cultural lexicon and did not exist,” the group wrote. “Defendant’s use of the ATLiens mark is likely to cause confusion, to cause mistake, or to deceive the public.”
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Released in 1996, ATLiens is OutKast’s second studio album, featuring the same-name song as one of the singles from the LP. The album spent 33 weeks on the Billboard 200, while the song itself reached No. 35 on the Hot 100 and spent 17 weeks on the chart.
The track, well-received at the time, is “one of OutKast’s most well-known and well-regarded songs,” the lawsuit claims, and the duo “continues to perform ‘ATLiens’ at nearly all (if not every single one) of its full-length live performances.”
According to the group’s lawyers, the rival ATLiens started using their name in 2012 and later registered the name as a trademark. In the suit, Outkast appears to claim that they did not know about the other dance group until recently.
In accusing the EDM duo of infringement, OutKast says the two names are “identical” and used for largely the same thing – musical duos from Atlanta who perform in “related musical genres.” The lawsuit even claims that, thanks to the rival group’s stage costumes, fans might literally think they’re Big Boi and André 3000.
“The duo comprising defendant performs with masks on, thereby concealing their identities such that consumers will mistakenly believe that the members of Defendant are one and the same with – or at least somehow connected to – plaintiff,” lawyers for OutKast write.
OutKast says it attempted to “negotiate an amicable resolution to the dispute” but that ATLiens has continued to use the name in confusing ways – like a poster for an upcoming show in Atlanta that allegedly riffs on a similar poster used by OutKast.
“Management for OutKast has already received communications from third-parties querying whether OutKast was affiliated with defendant’s upcoming show,” the group’s lawyers write.
Reps for ATLiens did not immediately return a request for comment.
In technical terms, the case was filed by High Schoolers LLC, a holding company owned by Big Boi and André 3000 that controls OutKast’s trademarks.
