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Shortly after Michael Cherman founded his apparel company, Market, in 2016, he designed and sold a tie-dyed T-shirt with the Grateful Dead’s dancing bears spiraling toward a center point. Spotting the trademarked image online, the Dead’s official merchandise company, Rhino Entertainment, contacted him and asked: “Would you like to do this more legit instead of bootlegging it?”
“Yes,” he responded, and today, the company’s streetwear products include a $200 Grateful Dead screen-printing kit and a $45 trucker hat with the lightning-skull Stealie Rose logo. “This has unlocked the world for me,” says Cherman, whose company sells clothing licensed from the estates of Bob Marley, Jimi Hendrix and others. “People just came to us and said, ‘Hey, how can you do that for us?’”
Since the Dead sold one of its earliest T-shirts in the late ’60s, featuring keyboardist Ron “Pigpen” McKernan and designed by Hell’s Angel Allan “Gut” Terk, its merchandise business has evolved into an international brand licensed to dozens of companies and sold in stores from Walmart to Saks Fifth Avenue. What Cherman calls the “holy trinity” of Dead logos — dancing bears, lightning bolts and skeletons — is on thousands of products. Online, fans can buy a pair of tie-dyed Crocs containing pink-and-yellow dancing-bear charms for $160; a $70 Teton hoodie designed for snowboarding; Grateful Dead leggings marked with “GD” and pink roses, $38; Grateful Dead fluorescent green Nike skateboarding shoes, $110; a psychedelic Air Garcia skateboard, $65; and a pair of Grateful Dead skis topped with the “Steal Your Face” skull logo, $750.
The band’s merch machine has also served as an exemplar of how an act can expand its brand into a multimillion-dollar business, raking in revenue years, and even decades, after the deaths of such core members as McKernan, Jerry Garcia and lyricist Robert Hunter.
Dead products are a sliver of the nearly $4.4 billion music merch licensing industry, as valued by trade organization Licensing International in 2022, an increase from $3.7 billion in 2019. Universal Music Group, which owns merch giant Bravado, earned $618 million from product in 2022, according to financial reports — a 70.2% increase from $363 million the previous year. Much of that revenue comes from traditional sales (T-shirts, hoodies and caps sold at concerts), and contemporary stars like Taylor Swift and BTS dominate the business. But classic-rock merch is booming, too.
“That universe has expanded,” says Rhino president Mark Pinkus, who oversees the Dead account. “The shirts are being worn by people of all ages.” Jeff Jampol, CEO of Jam Inc., which manages licenses for The Doors and the estates of Janis Joplin and others, adds that classic-rock merch has evolved from basic black T-shirts to a diverse fashion industry “largely driven by 10- to 20-year-old females and their moms.”
The rich and famous also boosted demand. In the late ’90s, Brad Beckerman, who worked with his father at the sports-licensing company Starter, noticed that most music merch came in the form of mass-marketed T-shirts and saw an opening. Beckerman’s company, Trunk, secured 76 licenses, including Madonna and The Beatles, and expanded the market to high-end customers and department stores. Trunk sold T-shirts, but also jackets and rhinestone belts, Japanese denim and Italian leather for prices that could approach $1,000. “It was unbelievable, the exposure we got,” he recalls. “We had hundreds of celebrities buying these things.”
Until the early 2000s, the Dead — whose members weren’t getting along at the time, according to their former longtime publicist, Dennis McNally — ran Dead Merchandising. Later, the band licensed its name and various logos to just a few companies, like Ripple Junction and Liquid Blue, and mostly focused on T-shirts. “It was easier to go their own ways and let somebody else deal with the business,” McNally says.
According to a source who works in the business, merch licenses are normally structured as a percentage of the licensee’s gross sales income. Smaller licensees typically pay 12% of gross revenue; national licensees, 4% to 5%; and for internet sales, where there is less overhead, it’s a few points higher.
In 2006, after the Warner Music Group-owned Rhino took over the Dead’s merch, Heather Lewis, vp of merchandising for Warner’s artist-branding division WMX, saw how well the band’s CDs and box sets, such as the dozens of Dick’s Picks live albums, were selling, and steered Rhino’s Dead team toward a similar strategy for merch. “Over the past decade, it has been about growing not just the merch but the creative aspect of the merch and working with Deadhead artists,” she says.
One of Rhino’s challenges is when to turn a blind eye to bootleggers — such as the Shakedown Street vendors who sell unlicensed products at spinoff concerts such as Dead & Company — and when to shut them down or, as with Cherman and Market, license their creations.
The Dead’s first line of merch gatekeeping is archivist David Lemieux and Pinkus, a Deadhead who recently flew to Boulder, Colo., to attend three Dead & Company shows. Their shared philosophy for licensing the band’s nine trademarks: “The Grateful Dead should be everywhere, for everybody, at all price points and in all styles,” Pinkus says. Accordingly, he and Lemieux are “easy to find and open to doing licensing deals.” They recently approved Dead-branded coolers, hammocks, camping equipment and polo shirts with embroidered lightning bolts where you might typically find a horse or alligator. They run every potential licensee proposal by the band members and the estates of those who’ve died, but they usually approve the decisions. (A representative for the band members said they declined to comment.)
“My impression is that Rhino tries to honor the Grateful Dead example, which was choosey, low-key, and generally it wasn’t to make money,” McNally says. “It’s like everything else about the world of the Grateful Dead. It just grew.”
Nine months before Live Nation made the headline-grabbing decision to cut merch fees at 77 of its clubs and theaters across the country, Ineffable Music Group did it first. Now, the company’s CEO, Thomas Cussins, has a piece of advice for other independent venue owners and operators concerned that the concert giant is using this tactic to curry favor with artists and agents and squeeze out their businesses: Everything will be OK.
“Merch money is not what is going to keep us in business,” says Cussins, whose company oversees 10 venues across California, including The Catalyst Club in Santa Cruz, the Ventura Music Hall in Ventura and the Golden State Theatre in Monterey. “What causes independent venues to go out of business is the one in 10 shows where venues pay way too much relative to the draw and end up losing everything they made on the previous nine shows.”
Cussins made the decision to stop charging acts performing at his venues a cut of their merch sales — a standard industry practice — while watching a Jan. 24 Senate Judiciary Committee hearing about Ticketmaster. Cussins says it was members of the band Lawrence’s testimony about how much bands rely on merch money for touring that moved him to change the company’s policy: “It is money that most directly gets into the band’s pocket and the idea that we were taking away from that did not sit right with me.”
Since then, he says the decision has not hurt his business “at all.”
Still, independent venues remain concerned about what Live Nation’s new “On the Road Again” program will mean for them — how can they compete with the deals Live Nation is offering? The National Independent Venue Association (NIVA) released a statement on Wednesday (Sept. 27) following the news, saying, “Temporary measures may appear to help artists in the short run but actually can squeeze out independent venues which provide the lifeblood of many artists on thin margins.”
Thomas Cussins
Daniel Swan
The statement continued, “The initiative announced yesterday may seem like a move to follow the lead of some independent venues. It is not that. Instead, it appears to be a calculated attempt to use a publicly-traded conglomerate’s immeasurable resources to divert artists from independent venues and further consolidate control over the live entertainment sector. Such tactics threaten the vitality of small and medium-sized venues under 3,000 capacity, many of which still struggle to keep their doors open.”
A NIVA member since 2020, Cussins says he understands why some NIVA members may be upset that Live Nation’s policy might put pressure on their businesses. But, he adds, eliminating merch fees is a net positive for the entire live music ecosystem — one where everyone is benefiting.
“It’s difficult to operate a single venue in a market against Live Nation,” says Cussins. “Venues are low-margin businesses. I’m not here to say that no one should charge merch fees. What I am here to say is that it is my opinion that if you waive those fees, it is an overall healthier ecosystem and you will actually do better in business because you are doing something that makes the process easier.”
What was your reaction when you heard the news that Live Nation was going to waive merch fees for artists?
I was ecstatic. It’s something I’m very passionate about because it fosters a healthier concert ecosystem.
Were you worried about the financial hit Ineffable would take when you decided to eliminate merch fees at Ineffable venues?
No, because merch money is not what is going to keep us in business. What causes independent venues to go out of business is the one in 10 shows where venues pay way too much relative to the draw and end up losing everything they made on the previous nine shows. I think it’s more productive spending one’s time fostering a healthier ecosystem where everybody has a chance to make money. To me, that means not taking artists’ merch money and artists taking more door deals, where the artist has an opportunity to make the most money.
But is that realistic? For many artists, taking a door deal with no guarantee is too risky.
Correct. Some can’t take that risk. But many other artists understand they can make more money on a door deal and lower the risk the venue faces. For independent venues to be healthy, we need volume, which means we need bands to be healthy and touring and making enough money to support themselves. And the money made from merch most directly affects their ability to be out on the road and do well.
What is your reaction to the statement NIVA issued, saying the On the Road Again program is just an attempt to squeeze out indie venues?
They’re doing what they think is in the best interests of their members. We’re members of NIVA and they have done an incredible job for our business. I’m a huge fan. But my take is that merch money is not what’s going to keep these independent venues in business. What’s going to keep them in business is a healthy concert ecosystem, where we’re keeping the bands healthy and keeping them on the road with deals that are fair so that everyone can make a few bucks and eat at the table together and nobody is gouging the other person.
What is the biggest challenge facing artists on the road right now?
It is the travel costs — the price of gas, vehicle rentals, the price to pay crews. If you are going out there and you are doing the same business and your costs have increased 30%, how can you possibly make that up? You might just not tour. I know a lot of bands that have told me they were doing 80 dates a year and now they just want to do 40. They just want to pick the 40 best markets. That hurts independent small businesses. I’m seeing that firsthand. Artists that are in the prime of their career saying, “I want to work less, but each one has more meaning.” And I can’t blame them. But if they can do a longer tour and amortize those costs and play those small secondary markets, then I can be their partner on the ground in markets where I operate venues and keep my hands out of their merch money.
What advice do you have to other venues considering dropping their merch fees?
It’s not one-size-fits-all and it might not be the right solution for everyone. But I am so happy that we made that move — not only from an ethos standpoint, financially as well. It has not hurt me at all.
All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes.
Calling all STAY! There’s no better way to show off your love for K-pop group the Stray Kids than with some stylish and fun merch. From friendship bracelets to share with other fans to travel necessities such as a backpack, the options are limitless when it comes to the type of Stray Kids merch you can show off.
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Since its 2018 debut, the K-pop group has become one of the most popular in the industry, even landing at No. 1 on the Billboard 200 with album 5-STAR. To help you stock up on all the best Stray Kids merch, we put together a list of everything from dorm essentials to apparel you can rock year-round.
Keep reading to shop our picks below.
Amazon
Stray Kids Plushie
$13.99
To kick us off are these adorable Stray Kids plushies that are available in all eight SKZOO characters. Each one measures at around 9.8-inches and sports a black T-shirt with the group’s logo and colors.
Walmart
Mitutoyo Y2K Zip Up Hoodie Kpop Stray Kids Merch
$23.99
We dare you to try and resist zipping into this cozy Stray Kids hoodie, which is made with a soft cotton and polyester blend material. When the temps cool down, it’ll be perfect for throwing in your tote bag when you’re racing to class.
Etsy
Stray Kids Porcelain Keychain
$14.46
These gorgeous Stray Kids keychains will add a touch of elegance to most things you pair with it. From your car keys to luggage, you can flaunt your favorite members or snag one of each to decorate your travel gear.
Amazon
HAUTZADO 2-Pack K-pop Stray Kids Merch Bracelets
$14.99
Why have friendship bracelets when you and your bestie can sport these sleek K-pop-approved bracelets? This two-pack comes with silver and black bracelets you can share with a friend or keep for yourself.
Amazon
Stray Kids Micro Fleece Blanket
$28.99
Complete your bed with a blanket that declares who your favorite singers are — and this Stray Kids style will do just that. It’s made with a microfleece material that’ll lock in heat and keep you cozy on cool fall nights.
Etsy
5-STAR Tracklist Stray Kids Sweatshirt
$25.92 $34.56 25% off% OFF
Can’t decide what your favorite song is? Well, this sweatshirt will show off a mix of songs in a crewneck style. The back features graphics that fans will likely recognize, and it comes in a variety of colors.
Etsy
Stray Kids SKZOO-Inspired Apple & Samsung Galaxy Watch Band
$15
Regardless of whether you’ve scored an Apple Watch deal, this watch band will Stray Kids-ify your smartwatch. The band comes in various shades to choose from and feature engravings of the group’s SKZOO characters and logo.
Amazon
KPOPBP Stray Kids Photocards
$8.90
Decorate your room with these photo cards featuring solo and group shots of the members. Included in the set are 55 cards that you can hang on your wall, locker or just carry around for moments when you need to take a peek at your fave artists.
Amazon
WGEEEY K-pop Stray Kids Backpack
$29.99
From classes, commutes to work to weekend getaways, this backpack is ready to carry all of your essentials. The interior features a laptop sleeve, USB and audio cable ports, and side pockets for storing notebooks, pencils and more.
Amazon
SKZ Earrings
$13.89
You’ll most likely have heart eyes once you pair these SKZ earrings with jeans or a flowy dress. One earring says “Stay” while the other reads “Stray Kids” to make it clear which fandom you’re a part of.
Amazon
Stray Kids Maxident Gift Box
$19.99
Can’t decide what to get? A gift box filled with stickers, photo cards, a keychain and more will not only stock you up with fresh merch, but can make a nice surprise for the fan in your life as well.
Amazon
Xkpopfans K-pop Stray Kids Hoodie
$15.99
Pink looks good with practically everything, and this hoodie is no exception. It comes with the K-pop boy group’s name on each sleeve, anime graphics of each member on the back and a cute hood featuring ears on top.
Etsy
SKZOO Cookie Cutters
$From $7
Sweeten your merch collection with a set of SKZOO cookie cutters that’ll have you serving up Stray Kids goodness in the form of baked goods. Customize your order with just a single cookie cutter or snag the whole set.
Etsy
You Make SKZ Stay Ring
$23.99
Want something more subtle? This You Make SKZ Stay ring can easily blend with most outfits while showing off your dedication to the K-pop group. The exterior engraving roughly translates to “Stay,” while the interior engraving says “You Make SKZ Kids Stay.”
Amazon
AntaQuyaN K-pop Stray Kids Pendant Necklace
$11.99
Accessorize your outfits with this simple pendant necklace featuring the Stray Kids logo. It’s made from a stainless steel material that aims to be waterproof and anti-rust for added longevity.
For more product recommendations, check out our roundups of the best BTS merch, BLACKPINK merch and TWICE merch.
Green Day is mocking Donald Trump’s mugshot for a good cause. The former president was booked at the Fulton County Jail in Atlanta on Thursday (Aug. 24) on felony charges related to his efforts to overturn the 2020 election, and while it’s his fourth indictment this year, the booking marked the first time Trump’s mug […]
All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes. Summer is here and music fans will want to scoop up this Grateful Dead blanket, which is perfect for backyard hangs, […]
Taylor Swift‘s website posted a statement Monday (April 3) about how fans can best take care of their Eras Tour merch after some fans complained online of the products fading after one wash.
“Due to the particular ink curing process used on certain Tour Collection products, after washing your merchandise you may see a faint fade on the product print,” reads a statement on the singer’s official website. “This slight fade is related to the product’s distressed, vintage look. Please also note it is important to follow product care instructions as listed on the product label when washing and drying your items, to best protect and maintain the product’s look and feel.”
The team then directed customers to contact the Universal Music store if they noticed “any dramatic loss of pigment or ink bleeding” on their purchases and offered replacement product if necessary, courtesy of the site’s official exchange policy.
Several Swifties have taken to social media and Reddit in particular to complain about their Eras Tour merch fading severely after being washed to the point that Taylor’s face was, in some cases, beyond recognition. “i just sent an email to taylor’s merch team about the whole thing,” one frustrated user wrote on Reddit. “i mentioned the poor quality, disappointment that all the excitement and waiting for merch is now ruined by the fading quality after one simple wash, etc.”
Meanwhile, Swift’s Eras Tour continued over the weekend with a trio of sold-out shows at AT&T Stadium in Arlington, Texas. During the three shows, the singer performed secret songs including “Sad Beautiful Tragic,” “Ours,” “Death by a Thousand Cuts,” “Clean,” “Jump Then Fall” and “The Lucky One.”
On March 4, hundreds of metalheads stormed into Pierce the Veil’s pop-up store in Glendale, Calif., scooping up T-shirts, hoodies and other merchandise. In the process, they helped boost sales for an ostensibly dying product: compact discs. “Kids would look at the display and pick every single one of our records on CD,” says Michele Abreim, the band’s manager. “It definitely felt like CDs were a merch item, not just a means to listen to music.”
A relic of the record industry’s pre-Napster boom period thanks to megastars like *NSYNC, Britney Spears and Eminem, U.S. CD sales accounted for $13.2 billion in 2000, their peak year, according to the RIAA. But though the format has been in steady decline throughout the streaming era, retail, manufacturing and management sources say the digital discs have gained in popularity as keepsakes. More portable than vinyl albums and less affected by manufacturing delays due to supply chain issues, CDs are once again becoming merch table mainstays, and in the first 10 weeks of 2023, sales are up slightly over the same period last year, according to Luminate — 6.8 million in 2022 to 6.9 million, a 2.5% increase.
This growth could be a sign of a growing coolness factor, similar to the unexpected, and sustained, vinyl revival that began in the early 2000s, which is fueled by limited-edition releases pressed on colored vinyl and other bells and whistles. Taylor Swift took a page from that playbook when she put out Midnights CDs in different collectible colors last year, and BLACKPINK is among the many K-pop acts to sell elaborate CD box sets.
“There are ways to do CDs that are incredibly impactful,” says Carl Mello, brand engagement director for Newbury Comics. “You can get more revenue out of it, so it’s not like a ‘Will this do $7.99?’ thing. You’re selling a $30 thing that a customer will be really happy with.”
Bill Wilson, senior vp of operations and innovation for MNRK Music Group, which oversees 50 independent labels, says specialized CD-buying audiences are keeping the format afloat. “There are still pockets and subgenres of music [fans] — like metal — who like holding and cuddling CDs — and they’re not vinyl collectors,” he says.
For those who can’t afford box sets or to spend upwards of $20 for a standard-issue vinyl album, “the CD is a much more budget-friendly item,” says Tony van Veen, CEO of New Jersey-based vinyl/CD manufacturer Disc Makers, who crunched the latest RIAA sales data and found that vinyl album prices rose last year by 13.5%, to $29.65, while CD prices went up 15.3%, to $14.45. “Music fans are deciding with their wallets.” He adds that his company’s CD sales stabilized in 2022 after years of decline.
CDs are generally far cheaper than vinyl albums — especially classic-rock catalog releases, which labels occasionally put on sale in the format. Creedence Clearwater Revival’s Chronicle: The 20 Greatest Hits goes for $13.99 on Amazon, compared with $28.31 for vinyl; a Foo Fighters Greatest Hits CD sells for $11.49, slightly more than half the $21.91 vinyl price.
Although pandemic-related manufacturing delays for vinyl are easing, they have prompted touring acts to stock their merch tables with CDs. “I had a conversation with somebody yesterday, and they’re about to go on tour,” says Ric Sherman, owner of The Production Department, a consulting company that works with artists, labels and record plants. “Trying to get vinyl on time was impossible, and they defaulted to CDs immediately.”
The profit margin for vinyl albums is slightly higher than CDs — a $15 CD would yield roughly $13.50 in profit; a $30 vinyl album, $15 — but Sherman adds: “Vinyl’s expensive to manufacture.” According to van Veen, 100 CDs cost $150 to manufacture, compared with $1,500 for 100 vinyl albums.
“If artists are touring, it’s easier to cart those around than vinyl,” says Mello. “There are utilities to it, for sure.”
Despite the small sales uptick so far in 2023, the 20-year decline in CD sales shows no sign of dissipating: Sales dropped from 40.6 million units in 2021 to 35.9 million last year, an 11.6% decrease, compared with a 4.2% rise in 2022 vinyl sales, according to Luminate. (That said, vinyl’s sales growth has slowed considerably from the 51% increase it logged in 2021.) Major labels are also reluctant to bet on CDs to drive significant revenue in the future. Says a major-label source: “I haven’t heard of the idea that somebody’s so committed to buying a physical product that they’re just going to move over to the CD if they can’t get a vinyl product.”
Then again, 35.9 million in annual sales is not nothing, and CDs will probably be around for a long time. “They’re highly valued and sought-after,” Mello says.
Taylor Swift unveiled another merch collection Tuesday (Feb. 28) ahead of her Eras Tour.
The “Through the Eras” collection features 10 T-shirts, each themed to a separate album by the superstar — from her 2006 self-titled debut and 2010’s Speak Now to 2020’s dual Folklore and Evermore and 2022’s Midnights. Each shirt features graphics of Taylor from the particular album era on the front and the list of cities on the hotly anticipated tour route on the back. (For the record, both 2008’s Fearless and 2012’s Red get a (Taylor’s Version) remake in the drop.)
In addition to Swifties being able to choose a shirt that represents their favorite era, the line also includes a black long-sleeve, white hoodie and gray crewneck sweater showing the “Lavender Haze” singer through the years of her 17-year career. Plus, fans can purchase everything from blankets, sweatpants, phone cases, nail gems, mugs and tumblers to luggage tags, stickers, coasters, notebooks, bandanas, activity books, colored pencils and ponchos in case of rain.
As the March 17 start date for The Eras Tour draws closer, Swift achieved another pair of impressive milestones this week. First, she became only the second woman to ever place 10 albums on the Billboard 200 at the same time after Whitney Houston. And second, she tied the record for the most top 10s in the history of the Adult Pop Airplay chart as “Lavender Haze” landed at No. 9 on the chart dated March 4.
Ahead of The Eras Tour, Billboard also rounded up our picks for the 20 songs from Swift’s discography that deserve a spot on the setlist but likely won’t make the cut considering just how much ground she has to cover over the course of the show.
Get a look at Taylor’s “Through the Eras” collection and prepare to pick your favorites below.
Inspired by the testimony of the band Lawrence and the struggles it faced as an independent act during Tuesday’s Senate Judiciary hearing on Ticketmaster, Ineffable Music Group CEO Thomas Cussins decided it was time to take action.
“After about an hour watching the hearing, I grabbed the phone and started calling the venues we owned and operated,” says Cussins. His message to on-the-ground managers at California venues including The Catalyst and the Atrium at the Catalyst in Santa Cruz, the Ventura Music Hall in Ventura and Cornerstone in Berkeley: no more merch fees for bands.
Effective immediately, all 10 venues owned and/or operated by Ineffable Live — also including the Golden State Theatre in Monterey, Calif.; Fremont Theater in San Luis Obispo, Calif.; Felton Music Hall in Felton, Calif.; the Mystic Theatre in Petaluma, Calif.; Arcata Theatre Lounge in Arcata, Calif.; and the Chicken Box in Nantucket, Massachusetts — will no longer collect a 20% venue cut from touring artists selling their merchandise at Ineffable venues.
The decision will cost the company “several hundred thousand” per year in revenue, Cussins estimates. but “hopes to make it up via a healthier concert ecosystem,” he adds, noting that the merch fee that venues charge artists is often the one thing touring bands say they most want to see changed about the club and theater circuit.
When bands go on tour, their revenue streams are almost exclusively a share of ticket sale revenue and band merchandise sales. In addition, expenses for travel, production and health insurance have increased significantly, as have the costs associated with printing and shipping t-shirts and other merchandise.
On a good night, an independent touring band with a loyal fan base can sell $5,000 to $10,000 in merch at a 500-cap show. Eliminating the venue fee can save some groups $1,000 to $2,000 per night, Cussins says. That can make a big difference in a business where the margins in merchandise are vital to the economic feasibility of touring. The more diverse a band’s income streams are, Cussins says, the less reliant they’ll be on tour guarantees.
“We are on the ground and hearing from artists every day,” says Cussins. “We are seeing how much the costs of everything have gone up — from buses to hotels to flights. So even though the club business is a marginal business, any action we can take to help to insure a healthy, vibrant concert ecosystem is important. This industry only works if artists of all levels are able to afford to tour. When artists are able to tour sustainably and fans can afford to buy a t-shirt because the all-in ticket price is reasonable, everyone wins.”
Ineffable head talent buyer Casey Smith adds, “We’ve been able to make our live business work even with increased expenses by having a number of venues and being able to create routes for artists, offering them a number of shows in secondary and college markets between their big city plays. Since we’ve made it work for ourselves, we want it to work for the artists as well. This move is fully aligned with Ineffable’s independent spirit, and in hearing the needs of independent artists, we believe it’s important to put them first.”
Harry Styles is on the legal offensive to combat fake merch on the internet.
In a lawsuit filed Tuesday in Chicago federal court, the pop star sued a number of online sellers for allegedly violating his intellectual property rights by selling counterfeit merchandise to unsuspecting Harry fans.
Arguing that the counterfeiters use misleading tactics to make it “difficult for consumers to distinguish such stores from an authorized retailer,” attorneys for Styles want a judge to issue a sweeping court order that would, among other things, force big web platforms like Amazon and Etsy (who are not named as defendants) to immediately shut down the listings.
“Plaintiff is forced to file this action to combat defendants’ counterfeiting of its registered trademarks, as well as to protect unknowing consumers from purchasing counterfeit products over the Internet,” the star’s lawyers wrote.
In bringing the case, Styles is employing an anti-counterfeiting tactic that’s frequently used by big brands to fight fakes on the internet.
Such cases, filed against huge lists of URLs rather than actual people, allow brands to shut pirate sites down en masse, win court orders to freeze their assets, and continue to kill new sites if they pop up. The lawsuits also usually result in massive monetary judgments against the sellers, but those are typically hard to actually collect from elusive counterfeiters.
Notably, the counterfeiters that Styles is targeting in the lawsuit are not currently disclosed, because such lawsuits are designed to take them by surprise: “If defendants were to learn of these proceedings prematurely, the likely result would be the destruction of relevant documentary evidence and the hiding or transferring of assets to foreign jurisdictions,” the pop star’s lawyers told the judge.
Such lawsuits are more common among big retails brands — Nike, Ray-Ban, Toyota and Tommy Hilfiger have all filed nearly-identical cases in the past two months — but the music industry also regularly uses the same tactic. Nirvana sued nearly 200 sites for selling fake gear in January; a few months later, the late rapper XXXTentacion’s company filed a similar case.
In his lawsuit, Styles claimed the counterfeiters are mostly located in China, or in “other foreign jurisdictions with lax trademark enforcement system.” And he claimed they used sophisticated methods to target fans searching for Harry’s merch while avoiding detection, including “multiple fictitious aliases” and the use of meta tags.
“Tactics used by defendants to conceal their identities and the full scope of their operation make it virtually impossible for plaintiff to learn defendants’ true identities and the exact interworking of their counterfeit network,” the star’s attorneys wrote.