Neil Young vs. Chrome Hearts | Matt Connarton Unleashed

0:00 Speaker 1: Well, let's move on from that, because I just want to get this other story. But this also deals with you know, because I'm always fascinated by anything to do with copyright, intellectual property, all of that is, trademarks, all of that is very fascinating to me. Obviously I did not go to law school, but if I had the type of law that I would probably be practicing would have to do with all that, I'd probably be an entertainment lawyer because these things are so interesting to me. But this is another story that you sent me.

0:26 Speaker 1: This is from pitchfork dot Com. Neil Young has been sued by Chrome Hearts Fashion over his band's new name. And by the way, I didn't even know that Neil Young had a new band, you know. I just think of him as a solo artist, of course, but.

0:42 Speaker 2: I didn't know there was a fashion called Chrome I didn't either Chrome Heart the Chrome Hearts.

0:48 Speaker 1: The Los Angeles company is not happy about the existence of Neil Young and the Chrome Hearts, so says here. Last year, Neil Young began to play shows with a new backing band that he called the Chrome Hearts. Then in June, Neil Young and the Chrome Hearts, featuring Young, Micah Nelson, Corey McCormick, Anthony Legerfo Orligerfo and Spooner Old Him released their debut album, Taken to the Trees I'm Sorry Talking to the Trees Now. Young and his bandmates are being sued by the la fashion brand Chrome Hearts for trademark infringement.

1:27 Speaker 1: Chrome Hearts LLC filed its complaint in a California federal court on Thursday, September eleventh. The lawsuit was first reported by Billboard. In the complaint obtained by Pitchfork, lawyers for Chrome Hearts outline the brand's ownership quote of the Chrome Heart's word mark and composite trademarks comprising the Chrome Hearts mark and design components unquote, dating back to nineteen ninety one. They argue that Young and his bandmates are infringing upon the brand's trademark by selling Neil Young and the Chrome Heart's merchandise.

2:04 Speaker 1: That quote incorporates the exact Chrome Heart's word mark and thus likely to cause confusion with Chrome Heart's various Chrome Heart marks. The likelihood of confusion is not merely hypothetical. Some clothing and apparel vendors have apparently already mistakenly assumed that there is a connection between Neil Young and the Chrome Hearts and Chrome Hearts and are actively promoting that purported connection. For example, some vendors have started marketing T shirts that prominently display mister Young's name and the Chrome Heart's iconic stylization of the Chrome Heart's mark unquote.

2:44 Speaker 1: I assume, by the way, so what that means is it's using the same font as the Chrome Heart's logo. I have to assume otherwise there would probably be no issue. I wouldn't think.

2:57 Speaker 2: I think you only had to be concerned about another band's name.

3:00 Speaker 1: Yeah, I wouldn't. I mean, it's they're claiming, according to that from the lawsuit, that verbia's from the lawsuit, that it's already causing confusion. I find that heart of belief. If it is causing confusion. If that's true, then I guess that bolster is their case. But I'm a little skeptical. It says here. According to the complaint, Chrome Hearts notified Young's team in July about the alleged trademark infringement, but the band continued to tour under the banner and sell merchandise. Through the lawsuit, Chrome Herts is now requesting that Neil Young and the Chrome Hearts stop using the name.

3:33 Speaker 1: Pitchfork has reached out to representatives for Neil Young and the Cromarts and lawyers for Cromharts LLC for comment. So there you go. I don't really know what to make.

3:43 Speaker 2: Of that one, right, I mean, I always thought it would be different if it's a band, Like how is it usually is banned?

3:51 Speaker 1: Like? How is that confusing? Usually if it's the music, if it's completely different industries, then you usually doesn't end up mattering. But I don't know, I don't know. I mean, does Chrome Hearts, I don't know what kind of fast.

4:09 Speaker 2: Youngs?

4:10 Speaker 1: I doubt it. But maybe maybe they're trying to get some money. Maybe they want maybe they'd like to make a settlement where Neil Young pays X amount of money to sort of license the name Chrome Hearts.

4:20 Speaker 2: Or are they doing this just to get more attention onto their products? Because hey, it makes a great story, that could.

4:26 Speaker 1: Be talking about it. That could be too Yeah, because I'd never even heard of Chromharts and you.

4:30 Speaker 2: Didn't say anything about them sewing for money. Interestingly, well, they want him to stop using the name. Is there a cash requestion.

4:37 Speaker 1: There there there may be a well, like I said, I mean if they can, if they can come to a settlement, which these things often do. They they more often settle than actually go to court. So they might come to a settlement where they effectively license the name Chrome Hearts to Neil Young it's silly, or or they get a percentage of uh of of revenue generated from Neil Young merchandise which has Chrome Hearts.

5:03 Speaker 2: If I see Neil Young and the Chrome Hearts stuff at this new arena, I know that that I'm going to be confused and go by clothing.

5:09 Speaker 1: Well that's the thing that would that that would be Yeah, that would be a good counter argument in the lawsuit.

5:13 Speaker 2: Yeah, it's not like it's and it's not even like they're not even promoting the name separately. It's with Neil Young, So Neil Young and the Chrome Heart. Right, it's not a separate name even.

5:24 Speaker 1: Right if the band was simply called Chrome Hearts, that would be well.

5:27 Speaker 2: Even if they are, it's a band, it's not a clothing designer. Yeah, unless their T shirts start making music. I don't hear it, right, I think I'm saying.

5:40 Speaker 1: I'm not sure I'm a little I usually draw a pretty fast conclusion with this stuff. I'm a little I'm a little undecided. I'm uncertain of this one. Yeah, usually surprises me too. I usually see these things a little bit more cut and dry. But I think it's stupid. I'm not I'm not sure on this one. I don't see.

5:59 Speaker 2: Anybody mixing up clothing with and and the only merch they're selling is band related.

6:04 Speaker 1: So yeah, but there's but again from Cromart's position, see they're gonna argue, yeah, you're right, but what what what kind of merch do you sell that's band related clothing? T shirts?

6:18 Speaker 2: A T shirts.

6:20 Speaker 1: That's the argument they're gonna use.

6:21 Speaker 2: It's not a whole product, it's.

6:23 Speaker 1: You know, it'd be one thing if they were just selling CDs, you know, or something. But you're in the same industry, you're selling merch. But see but that all but see that, But that's the art. But they are, in a sense, and that's the argument.

6:35 Speaker 2: The same industry. They're in music.

6:37 Speaker 1: Merchandising of clothing. That is the same. And if you're in the music industry, you're in the merch you're in the merchandise industry.

6:44 Speaker 2: You are going to follows brand clothing like a brand, which I don't. But people who follow brand clothing.

6:52 Speaker 1: Don't confuse it with musicians.

6:54 Speaker 2: They might get interested in a brand, but they're not gonna confuse it. Oh, I thought you were selling T shirts in here?

7:01 Speaker 1: Why are there so many drums? Like?

7:02 Speaker 2: Come on, that doesn't happen. You don't go to the T shirts, you don't go to Marshal's. Walk over to the rack that's got chrome whatever here and look for Neil Young. It doesn't work that way.

7:14 Speaker 1: Right, I'm sorry, I don't no, I I hear you.

7:19 Speaker 2: Both of these stories are set to me today.

7:22 Speaker 1: I'm just a little bit. I'm just a little bit uncertain. We're gonna have to follow that one closely as it moves forward.

7:27 Speaker 2: Now, let's see there to it than.

7:29 Speaker 1: Very curious I'm missing or something. Yeah, I'm very curious to see how that ends up. I don't see consumer confusion here. Well, no, but from the from that statement from the lawsuit, it sounds like Cromart's is saying there's like confusion within the industry, within the fashion industry, give me a break, because they're getting orders from give me a break.

7:48 Speaker 2: I don't know, and they're getting orders from stupid people that don't know the difference between a musician and clothing designers. I don't think I'm sticking to it, all right, We dug in

8:01 Speaker 1: We gotta go, we gotta go.