Outkast has filed a legal complaint against ATLiens, claiming that the bass duo trademarked the name in 2020 without their knowledge or permission.
Atlanta-based hip-hop duo Outkast has a bone to pick with another Atlanta-based EDM duo, ATLiens. First reported by Rolling Stone and All HipHop, they claim ATLiens is using the name without consent in legal documents that surfaced today.
On Tuesday, the legendary hip-hop duo filed a lawsuit under High Schoolers, LLC against the bass duo in the United States District Court for the Northern District of Georgia Atlanta Division, stating that they originated the term “ATLiens” in 1996 with the release of their second album that bears its name. “Before Outkast created it, it was not used in the cultural lexicon and did not exist,” the lawsuit states.
In the lawsuit, Outkast claims that ATLiens selected the name “upon the tremendous fame and goodwill associated with Plaintiff’s ATLiens album, song, and mark, or, at a minimum, to call to consumers’ minds Plaintiff’s famous ATLiens album, song, and mark.” Additionally, they claim that the registration of the ATLiens name under ATLiens Touring, Inc. in 2020 was “unbeknownst” to them as no consent was given and that High Schoolers, LLC has multiple “ATLiens” registrations pending.
The core of the complaint from Outkast surrounds the confusion that has stemmed from the similarities with the other Atlanta-based duo. “For example, both are duos from Atlanta, Georgia, both perform and record music in related musical genres (hip-hop/R&B and EDM), and both have promoted their music, live performances, and related goods and services using space and/or alien-themed imagery,” the filing claims. They also state that the concealed identities of ATLiens might mistakingly lead consumers to believe that the bass duo is Outkast or somehow connected to them.
Abigail J. Remore and Peter Nussbaum, lawyers for CSG Law, which represents Outkast, told Rolling Stone that this is a “basic brand protection issue.” Remore and Nussbaum went on to state that they’ve attempted to resolve the matter amicably but were unsuccessful, which has now led to the lawsuit being filed.
Outkast asserts “senior rights” on the ATLiens trademark due to their usage of the word in the ’90s, whereas the bass duo first began using the name in 2012. The complaint requests a Trademark Trial and Appeal Board Cancellation Proceeding. It lists ten counts for the court to consider, multiple of which refer to the Lanham Act, which protects trademarks on “distinctiveness,” while alleging deceptive trade practices, dilution of their trademark, and more.
Outkast wants ATLiens to stop using their name on any websites, social media accounts, or otherwise, and for the service mark to be canceled. They are also looking to collect financial compensation for compensatory, incidental, and consequential damages and asking for legal fees to be paid for.
ATLiens has not responded to a request for comment as of publishing. Stay tuned for more updates on this developing story.
