According to AllHipHop, Outkast has sued the EDM duo ATLiens for using their trademarked and iconic term without permission. Moreover, the lawsuit comes from High Schoolers LLC (André 3000 and Big Boi's trademark holding company) against ATLiens Touring, Inc. The rap legends, along with their lawyers at Barnes & Thornburg LLC, seek to "permanently enjoin and restrained, directly or indirectly," the electronic music group from using the name. Also, they wish to cancel U.S. Service Mark Registration No. 6,136,315 and to obtain consequential, compensatory, incidental, and other damages. Other considerations include royalties from this illegal activity's profits, coverage of legal fees, and the complete removal of the dance artists' use of the "ATLiens" name on the Internet.
"The defendant has and continues to sell tickets to concerts and give live performances in this state and District, with its next show being at the Coca-Cola Roxy Theater in Atlanta, Georgia on February 15, 2025," Outkast's lawsuit reportedly reads. "Defendant also advertises, offers for sale and sells products to consumers in this state and in this District though its interactive website, including merchandise bearing the ATLIENS mark. The word ATLIENS was invented by Outkast. Before Outkast created it, it [did not exist] in the cultural lexicon. In addition to the studio album ATLiens and the song ‘ATLiens,’ Plaintiff has used the ATLIENS mark as the title of a number of other distinct musical recordings. By way of example, but not necessarily limitation: (i) an album version of the ‘ATLiens’ song [appeared] on the ‘ATLiens/Wheelz of Steel’ CD Single.
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"(ii) both an album version and an instrumental version of the ‘ATLiens’ song [appeared] on a M*** single," Outkast's suit continued. "(iii) three remixes, a ‘Bad Boy Remix,’ a ‘Bad Boy Instrumental’ and a ‘Bad Boy Alternative Mix’ of the ‘ATLiens’ song were featured on a Remix CD single; (iv) a clean version, album version, album instrumental and album acapella version of the ‘ATLiens’ song were featured on a 12′ Vinyl Single; and (v) ‘ATLiens’ was used on promo albums distributed by LaFace Records. Plaintiff is also the owner of all right, title and interest in and to the following United States Trademark and Service Mark Applications for its mark ATLIENS, which are presently valid and subsisting in law.
"Many years after Plaintiff commenced use of the ATLIENS mark as a trademark and service mark, many years after Plaintiff acquired common law rights in the ATLIENS mark, many years after Plaintiff commenced use of its ATLIENS mark in a manner analogous to trademark or service mark use, and many years after the ATLIENS mark became famous and inextricably associated with OUTKAST, Defendant formed an electronic dance music (“EDM”) duo in Atlanta, Georgia," it concluded. "Upon information and belief, Defendant selected the name ATLIENS for their EDM duo to trade 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."
