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Lady Antebellum sue Anita White over rights to 'Lady A' trademark

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Lady A, The Band, Sue Lady A, The Singer

Lady Antebellum

Last month, the popular Nashville country trio Lady Antebellum announced that they were changing their name to Lady A due to the term antebellum’s unfortunate association with slavery. Which was all well and good, except for the fact that there was already a 61-year-old Black woman named Anita White who had been performing as Lady A for decades and wasn’t happy about her name being taken. And now Lady A the band is suing Lady A the singer over their right to use that name.

Billboard reports that attorneys for Lady A(ntebellum) have filed a suit in Nashville’s US District Court For The Middle District Of Tennessee, claiming that White “delivered a draft settlement agreement that included an exorbitant monetary demand” in an “attempt to enforce purported trademarks rights in a mark that Plaintiffs have held for more than a decade.” They’re not asking for any money or for White to stop using the name Lady A, but they want the court to affirm their right to continue using the name and trademark.

“Today we are sad to share that our sincere hope to join together with Anita White in unity and common purpose has ended,” the group says in a statement. “She and her team have demanded a $10 million payment, so reluctantly we have come to the conclusion that we need to ask a court to affirm our right to continue to use the name Lady A, a trademark we have held for many years … We’re still committed to educating ourselves, our children and doing our part to fight for the racial justice so desperately needed in our country and around the world.”

In the suit, the trio says that they have used Lady Antebellum and Lady A interchangeably since as early as 2006-2007 and that their application to register Lady A with the US Patent And Trademark Office was approved in 2011. “Prior to 2020, White did not challenge, in any way, Plaintiffs’ open, obvious, and widespread nationwide and international use of the LADY A mark as a source indicator for Plaintiffs’ recorded, downloadable, and streaming music and videos, Plaintiffs’ live musical performances, or Plaintiffs’ sale of souvenir merchandise,” the suit states.

“This is my life. Lady A is my brand, I’ve used it for over 20 years, and I’m proud of what I’ve done,” White told Rolling Stone immediately after the band announced the decision to change their name to Lady A. “This is too much right now. They’re using the name because of a Black Lives Matter incident that, for them, is just a moment in time. If it mattered, it would have mattered to them before. It shouldn’t have taken George Floyd to die for them to realize that their name had a slave reference to it.”

Three weeks ago, it seemed like the band and White would be able to come to some sort of amicable agreement. “Today, we connected privately with the artist Lady A,” the trio wrote on 6/15 alongside a screenshot of a Zoom meeting. “Transparent, honest, and authentic conversations were had. We are excited to share we are moving forward with positive solutions and common ground. The hurt is turning into hope. More to come.” A day later, White told Newsday that she was “not happy” with their agreement to share the name and that “their camp is trying to erase me … Trust is important and I no longer trust them.”

Read Lady A the band’s full statement about the current situation below.

Today we are sad to share that our sincere hope to join together with Anita White in unity and common purpose has ended. She and her team have demanded a $10 million payment, so reluctantly we have come to the conclusion that we need to ask a court to affirm our right to continue to use the name Lady A, a trademark we have held for many years. It was a stirring in our hearts and reflection on our own blindspots that led us to announce a few weeks ago that we were dropping the word ‘Antebellum’ from our name and moving forward using only the name so many of our fans already knew us by.

When we learned that Ms. White had also been performing under the name Lady A, we had heartfelt discussions with her about how we can all come together and make something special and beautiful out of this moment. We never even entertained the idea that she shouldn’t also be able to use the name Lady A, and never will — today’s action doesn’t change that. Instead, we shared our stories, listened to each other, prayed and spent hours on the phone and text writing a song about this experience together. We felt we had been brought together for a reason and saw this as living out the calling that brought us to make this change in the first place.

We’re disappointed that we won’t be able to work together with Anita for that greater purpose. We’re still committed to educating ourselves, our children and doing our part to fight for the racial justice so desperately needed in our country and around the world. We’ve only taken the first small steps and will prioritize racial equality as a key pillar of the work of LadyAID, specifically leaning into supporting and empowering our youth. We hope Anita and the advisers she is now listening to will change their minds about their approach. We can do so much more together than in this dispute.


 
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Lady A Explains Why Co-Existence With Country Band Will Not Work: “Lady Antebellum Has Erased Me From Every Platform”
Peter Helman July 11, 2020 4:32 pm

Lady A

Peter Helman July 11, 2020 4:32 pm

Lady A the singer responded to the lawsuit with interviews in Vulture and Rolling Stone, explaining that she was going to spend half of the $10 million on rebranding and the rest would be donated to racial justice organizations. “If you want to be an advocate or an ally, you help those who you’re oppressing,” she said. “And that might require you to give up something because I am not going to be erased.” And now, Billboard repoorts, she’s released a lengthy, detailed statement explaining her position.

“It has already been demonstrated why co-existence will simply not work,” White writes. “My fans used to be able to listen to my music on streaming services; now they struggle to find me. Due to Lady Antebellum’s massive rebranding efforts, Lady Antebellum has erased me from every platform. Lady Antebellum has used their wealth and influence to intimidate and bully me into submission without offering any real recompense for appropriating my name.” Read her full statement below.

I first heard about Lady Antebellum’s planned name change after they went public on June 11, 2020, at which point I was shocked and taken aback. During initial calls with the members of the band — Hillary Scott, Charles Kelley, and Dave Haywood — I hoped that we could reach an agreement that left both sides whole. Lady Antebellum understood that their use of “Antebellum” was offensive and that their adoption of Lady A harms me, as I have been using the name professionally for over 30 years.

Though they recognized their impact, Lady Antebellum has not been receptive to my proposals for correcting their infringement, unfortunately. It has already been demonstrated why co-existence will simply not work. My fans used to be able to listen to my music on streaming services; now they struggle to find me. Due to Lady Antebellum’s massive rebranding efforts, Lady Antebellum has erased me from every platform. Lady Antebellum has used their wealth and influence to intimidate and bully me into submission without offering any real recompense for appropriating my name. It is now clear that their apologies, friendly texts, and playing on my love of God were just insincere gestures aimed at quieting me. Well, I will not be quiet any longer.

After being called out for taking my name, Lady Antebellum and their team of publicists and attorneys are doing what many folks of privilege do when asked to cease and desist bad behavior. Hillary, Charles, and Dave are attempting to change the narrative by minimizing my voice and belittling my experience as an artist — as if having a lot of money gives them permission to tread on my rights. I have worked too long and too hard to just give my name away.

The band’s decision to change their name to Lady A follows the trend of many other groups and organizations working to distance themselves from racism in the wake of the uprisings in this post-George Floyd world. Someone finally told them — or perhaps they knew all along and didn’t care until now — that their name reminds Black folks of just how much was taken from us in the past: our lives, freedom, languages, families, and, yes, our names. It is absurd that Lady Antebellum has chosen to show its commitment to racial equality by taking the name of a Black woman, particularly in this time when we are reminded every day to “Say Her Name.” It is one more demonstration of what continues to be taken away from us in the present. Given the way that Hillary, Charles, and Dave have treated me, I am not surprised that they used the name Lady Antebellum for so long or that their cure is to adopt a name that is only less overtly racist. The A in their name stands for Antebellum and always will. If they are truly committed to racial equality, why do they want to maintain that association, especially when it means making a public, intentional stand to disregard me and my rights?

Lady A is my identity — and it has been since 1987. I want to be able to freely use my brand that I spent decades building. I do not want to part with it. It is particularly painful to me, as a Black woman, to lose my name in THIS time and place so Lady Antebellum can use it as shorthand to celebrate a time and place connected to and very heavily reliant upon slavery. I asked for $5 million to compensate me for this loss, and to help me rebuild under a new name. I also asked that they donate $5 million to a charity so that we could work together to promote racial equality. It was my impression from our communications that this would appeal to Hillary, Charles, and Dave. I guess I was wrong.

Their refusal to come to an agreement that would be respectful of my work and my rights, however, has given me the clarity and the drive to not back down. Black lives, names, experiences, work, art – they all matter. Fellow independent artists have reached out to me to share their stories of name feuds that they lost because they were on the opposite side of big money and privilege. Not only will I not be one of them, but I am hopeful that this fight for what is rightfully mine will help those damaged by this type of bullying and erasure in the past, and that it will prevent it from happening in the future. I will not allow Lady Antebellum to obliterate me and my career so they can look “woke” to their fans.


 
I won't lie, when I read the OP, I thought it was just standard dirty business. The real Lady A did a good job of breaking down why what they were doing was fucked up. Props to her for standing tall.
 
Watch Lady A Discuss Her Conflict With Lady Antebellum On Desus & Mero
Chris DeVille July 21, 2020 11:02 pm

Lady A


Nashville pop-country band Lady Antebellum changed their name to Lady A last month. As they explained to their fans, they dropped the Antebellum because “we did not take into account the associations that weigh down this word referring to the period of history before the Civil War, which includes slavery.” Another thing they did not take into account: Anita White, a 61-year-old blues singer from Seattle, has been performing under the name Lady A for more than two decades. After White expressed her displeasure with the name change, the band made contact to seek out “positive solutions and common ground.” Those solutions apparently included suing White for trademark infringement.

White has continued to speak out about the ordeal, most recently asserting that coexistence with the band under the same name is not feasible because they have essentially erased her from streaming platforms. And now she’s given a televised interview about the situation to Desus & Mero, connecting with the Showtime talk show from her home via livestream.

Wearing a T-shirt that reads “I’M NOT ANGRY,” White continued to tell her side of the story:
It’s ironic that they wanna be “woke,” but at the same time, you only wanna be partially woke. They called me after Rolling Stone magazine called me. That’s the only way you know about me. Then the management company and [singer] Hillary [Scott] started reaching out to me. I finally decided to reply. The first thing I said was I do not want to share the name. What does coexistence look like? Nobody would answer that specific question.
White said after a call with lawyers on the line, she and her producers did a Zoom meeting with the country band, artist-to-artist. “I needed specifics for how this was going to work. Because they kept saying, “Oh, don’t worry, you’re not gonna get buried. Don’t worry about it.” She said she later received a contract from the band promising to make their “best effort” to assure the original Lady A would not disappear from online platforms. She suggested she be “Lady A (the artist)” and they could be “Lady A (the band),” but she said the band did not respond. Ultimately the band’s management company offered to rebrand White in exchange for the name, a deal she wasn’t interested in. “If you wanna be an ally, you gotta put some power behind your words,” she said. “If you wanna be an ally, sometimes you gotta give up something.”

Watch the full interview below.



 
Blues Singer Lady A Countersues Country Band Lady A For Trademark Infringement
Chris DeVille @chrisdeville | September 15, 2020 - 10:36 pm

Lady A

CREDIT: Dawn Lurcrisia-Johnson

The saga of Lady A vs. Lady Antebellum continues: As Rolling Stone reports, Lady A, the Seattle blues singer born Anita White, countersued Nashville pop-country band Lady A — fka Lady Antebellum — this evening in US District Court. The suit is a response to the band’s lawsuit this past summer claiming trademark infringement against White, who has been performing as Lady A for the past two decades.

Lady Antebellum changed their name to Lady A in June during the racial reckoning that followed George Floyd’s killing at the hands of Minneapolis police. Upon learning of White’s existence, they played nice for a while but brought out the legal guns when it became clear she had no intention of relinquishing the Lady A name for anything short of $10 million.


In her new suit claiming trademark infringement and unfair competition, White argues that she has “nationwide common law rights in the trademark LADY A in connection with music and entertainment services in the nature of musical performances.” It further asserts that White’s stake in the name predates “any rights in the LADY A mark allegedly owned by Lady Antebellum,” suggesting that the band’s name change has resulted in “lost sales, diminished brand identity, and diminution in the value of and goodwill associated with the mark.”

The effect of the name change on Ms. White’s ability to distinguish her music in the marketplace was overwhelming,” the suit says. “Internet and social media searches for ‘Lady A,’ which had readily returned results for her music, were now dominated by references to Lady Antebellum. Ms. White’s LADY A brand had been usurped and set on the path to erasure.”

 
I don't get how there lawsuit didnt get thrown out the door

The changed they name cause they didn't want to be seen as celebrating its racist roots yet happily still uses its practices of system racism

Minus as well have just kept the name imo
 
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