Neil Young and his latest backing band, the Chrome Hearts, are facing a trademark infringement lawsuit brought by the prominent luxury brand, Chrome Hearts.
Chrome Hearts, the brand, has been active since the late Eighties and is known for its high-end clothing, jewelry, and accessories. As for Young’s Chrome Hearts, the group launched late last year, released an album, Talkin to the Trees, in June, and have toured North America extensively this summer.
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In their new lawsuit, Chrome Hearts alleges that they never “granted a license” or gave Young “any form of permission to use intellectual property belonging to Chrome Hearts.” The complaint continues: Defendants have copied Chrome Hearts’ federally registered trademarks in an effort to exploit Chrome Hearts’ reputation in the market.”
Along with Young, the lawsuit names his Chrome Hearts bandmates — Micah Nelson, Corey McCormick, Anthony Logerfo, and Spooner Oldham — as defendants, as well as Young’s production company, The Other Shoe Productions. A rep for Young and the Chrome Hearts did not immediately return a request for comment.
In not only using the name Chrome Hearts, but by making and selling merchandise emblazoned with the name “Neil Young and the Chrome Hearts,” the brand said Young and his bandmates would “likely cause confusion” in the marketplace. Notably, Young’s merch doesn’t present the band’s name in a design that’s similar to any of Chrome Hearts’ trademarked logos, but the brand noted that third-party apparel vendors have “apparently already mistakenly assumed there is a connection between NYTCH and Chrome Hearts, and are actively promoting that purported connection.”
The lawsuit includes screen grabs of shirts being sold online that pair photos of Young with Chrome Hearts-style logos. It also notes that these items are being marketed in ways that connect Young’s band and the luxury brand.
For example, one bit of online copy cited in the suit reads: “Because it’s Neil Young, right? The voice of a generation, the guy who makes you feel stuff, man. And Chrome Hearts? That’s serious style. It’s that edgy, that rebellious, luxury. But then, you think about the two together and it just hits you, and the clash of aesthetics really makes sense.”
Chrome Hearts alleges that they sent Young’s representatives a letter about their trademark rights and “respectfully requesting that Mr. Young and NYTCH refrain from any further use of the Chrome Hearts Marks.” But, they added, “NYTCH continues to tour under the NYTCH name, including an upcoming show in Los Angeles, where Chrome Hearts is based.”
Chrome Hearts is seeking an injunction that would immediately force Young to stop using the Chrome Hearts name. They are also seeking unspecified damages.
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