According to a recent BBC article, US festival brand Coachella has forced Steps star Ian “H” Watkins to change the name of his small Welsh festival Cowchella to Moo-La-La after a trade mark infringement complaint. Ian Watkins is “mind blown” over the action, saying that “what we’re doing is very different to what they do”.
But was Cowchella really going to be “very different” to Coachella? And could this situation have been avoided?
Chartered trade mark attorney Alice Bennett discusses why Coachella had legal issues with the Cowchella name, and highlights the importance of seeking legal advice before launching a new brand:
What is Coachella?
Coachella is an annual music and arts festival held in Indio, California, which has amassed a global reputation. Since its inception in 1999, it has been renowned for its diverse and influential lineups, celebrity audiences, and social media presence.
Why was Coachella in a position to complain?
It is no surprise that AEG, the company which owns Coachella, sought to protect the Coachella trade mark in numerous territories across the world – including the UK – by way of trade mark registrations. These registrations provide AEG with the exclusive right to use Coachella in relation to the goods and services for which the mark is registered, which range from festivals (as expected), to books, bandanas, beers, and many things in between. Any third party which uses an identical or similar trade mark, in relation to identical or similar goods/services, is directly infringing AEG’s registered trade mark rights.
Cowchella is obviously similar to Coachella; and Cowchella was being used in relation to services which are identical to those covered by AEG’s earlier trade mark registrations. Therefore, it is not difficult to ascertain this is a clear case of trade mark infringement.
Stepping back
If Watkins had obtained legal advice from a chartered trade mark attorney prior to launching a festival under the name Cowchella, he could have avoided losing thousands of pounds in marketing costs, posters and banners and having to undergo a rebrand.
Please get in touch with the author, or your usual Barker Brettell trade mark attorney, if you would to discuss trade mark clearance and filing programmes.
“Was Cowchella really going to be “very different” to Coachella? And could this situation have been avoided?”
