1 00:00:00,560 --> 00:00:03,080 Speaker 1: Well, let's move on from that, because I just want 2 00:00:03,120 --> 00:00:05,360 to get this other story. But this also deals with 3 00:00:05,400 --> 00:00:08,119 you know, because I'm always fascinated by anything to do 4 00:00:08,160 --> 00:00:11,720 with copyright, intellectual property, all of that is, trademarks, all 5 00:00:11,720 --> 00:00:14,759 of that is very fascinating to me. Obviously I did 6 00:00:14,839 --> 00:00:16,879 not go to law school, but if I had the 7 00:00:17,039 --> 00:00:20,280 type of law that I would probably be practicing would 8 00:00:20,280 --> 00:00:21,719 have to do with all that, I'd probably be an 9 00:00:21,800 --> 00:00:24,039 entertainment lawyer because these things are so interesting to me. 10 00:00:24,399 --> 00:00:26,559 But this is another story that you sent me. This 11 00:00:26,640 --> 00:00:30,239 is from pitchfork dot Com. Neil Young has been sued 12 00:00:30,920 --> 00:00:35,320 by Chrome Hearts Fashion over his band's new name. And 13 00:00:35,439 --> 00:00:38,439 by the way, I didn't even know that Neil Young 14 00:00:38,479 --> 00:00:40,479 had a new band, you know. I just think of 15 00:00:40,520 --> 00:00:41,960 him as a solo artist, of course, but. 16 00:00:42,119 --> 00:00:45,280 Speaker 2: I didn't know there was a fashion called Chrome I 17 00:00:45,280 --> 00:00:47,799 didn't either Chrome Heart the Chrome Hearts. 18 00:00:48,159 --> 00:00:50,960 Speaker 1: The Los Angeles company is not happy about the existence 19 00:00:51,000 --> 00:00:54,640 of Neil Young and the Chrome Hearts, so says here. 20 00:00:55,240 --> 00:00:57,960 Last year, Neil Young began to play shows with a 21 00:00:58,000 --> 00:01:01,719 new backing band that he called the Chrome Hearts. Then 22 00:01:02,119 --> 00:01:06,319 in June, Neil Young and the Chrome Hearts, featuring Young, 23 00:01:06,719 --> 00:01:13,680 Micah Nelson, Corey McCormick, Anthony Legerfo Orligerfo and Spooner Old 24 00:01:13,719 --> 00:01:18,400 Him released their debut album, Taken to the Trees I'm 25 00:01:18,439 --> 00:01:21,879 Sorry Talking to the Trees Now. Young and his bandmates 26 00:01:21,879 --> 00:01:25,040 are being sued by the la fashion brand Chrome Hearts 27 00:01:25,120 --> 00:01:30,439 for trademark infringement. Chrome Hearts LLC filed its complaint in 28 00:01:30,480 --> 00:01:34,280 a California federal court on Thursday, September eleventh. The lawsuit 29 00:01:34,359 --> 00:01:37,719 was first reported by Billboard. In the complaint obtained by Pitchfork, 30 00:01:37,959 --> 00:01:42,879 lawyers for Chrome Hearts outline the brand's ownership quote of 31 00:01:42,920 --> 00:01:48,439 the Chrome Heart's word mark and composite trademarks comprising the 32 00:01:48,519 --> 00:01:52,359 Chrome Hearts mark and design components unquote, dating back to 33 00:01:52,480 --> 00:01:57,920 nineteen ninety one. They argue that Young and his bandmates 34 00:01:57,959 --> 00:02:02,000 are infringing upon the brand's trademark by selling Neil Young 35 00:02:02,120 --> 00:02:07,000 and the Chrome Heart's merchandise. That quote incorporates the exact 36 00:02:07,120 --> 00:02:11,159 Chrome Heart's word mark and thus likely to cause confusion 37 00:02:11,599 --> 00:02:15,960 with Chrome Heart's various Chrome Heart marks. The likelihood of 38 00:02:16,080 --> 00:02:20,280 confusion is not merely hypothetical. Some clothing and apparel vendors 39 00:02:20,280 --> 00:02:24,479 have apparently already mistakenly assumed that there is a connection 40 00:02:24,879 --> 00:02:27,840 between Neil Young and the Chrome Hearts and Chrome Hearts 41 00:02:28,400 --> 00:02:34,240 and are actively promoting that purported connection. For example, some 42 00:02:34,439 --> 00:02:38,520 vendors have started marketing T shirts that prominently display mister 43 00:02:38,599 --> 00:02:42,520 Young's name and the Chrome Heart's iconic stylization of the 44 00:02:42,680 --> 00:02:46,800 Chrome Heart's mark unquote. I assume, by the way, so 45 00:02:46,919 --> 00:02:51,280 what that means is it's using the same font as 46 00:02:51,319 --> 00:02:55,039 the Chrome Heart's logo. I have to assume otherwise there 47 00:02:55,039 --> 00:02:57,080 would probably be no issue. I wouldn't think. 48 00:02:57,120 --> 00:02:59,039 Speaker 2: I think you only had to be concerned about another 49 00:02:59,120 --> 00:02:59,800 band's name. 50 00:03:00,159 --> 00:03:04,360 Speaker 1: Yeah, I wouldn't. I mean, it's they're claiming, according to 51 00:03:04,400 --> 00:03:07,479 that from the lawsuit, that verbia's from the lawsuit, that 52 00:03:07,639 --> 00:03:10,639 it's already causing confusion. I find that heart of belief. 53 00:03:10,439 --> 00:03:13,919 If it is causing confusion. If that's true, then I 54 00:03:13,919 --> 00:03:16,800 guess that bolster is their case. But I'm a little skeptical. 55 00:03:17,080 --> 00:03:20,159 It says here. According to the complaint, Chrome Hearts notified 56 00:03:20,240 --> 00:03:24,520 Young's team in July about the alleged trademark infringement, but 57 00:03:24,599 --> 00:03:27,400 the band continued to tour under the banner and sell merchandise. 58 00:03:27,879 --> 00:03:30,520 Through the lawsuit, Chrome Herts is now requesting that Neil 59 00:03:30,560 --> 00:03:33,719 Young and the Chrome Hearts stop using the name. Pitchfork 60 00:03:33,759 --> 00:03:35,960 has reached out to representatives for Neil Young and the 61 00:03:35,960 --> 00:03:40,919 Cromarts and lawyers for Cromharts LLC for comment. So there 62 00:03:40,960 --> 00:03:43,400 you go. I don't really know what to make. 63 00:03:43,319 --> 00:03:46,400 Speaker 2: Of that one, right, I mean, I always thought it 64 00:03:46,400 --> 00:03:48,680 would be different if it's a band, Like how is 65 00:03:48,680 --> 00:03:51,039 it usually is banned? 66 00:03:51,240 --> 00:03:55,280 Speaker 1: Like? How is that confusing? Usually if it's the music, 67 00:03:55,360 --> 00:04:01,319 if it's completely different industries, then you usually doesn't end 68 00:04:01,400 --> 00:04:05,159 up mattering. But I don't know, I don't know. I mean, 69 00:04:05,199 --> 00:04:07,759 does Chrome Hearts, I don't know what kind of fast. 70 00:04:09,520 --> 00:04:10,120 Speaker 2: Youngs? 71 00:04:10,719 --> 00:04:13,240 Speaker 1: I doubt it. But maybe maybe they're trying to get 72 00:04:13,280 --> 00:04:15,639 some money. Maybe they want maybe they'd like to make 73 00:04:15,680 --> 00:04:18,360 a settlement where Neil Young pays X amount of money 74 00:04:18,399 --> 00:04:20,360 to sort of license the name Chrome Hearts. 75 00:04:20,480 --> 00:04:22,519 Speaker 2: Or are they doing this just to get more attention 76 00:04:22,639 --> 00:04:25,480 onto their products? Because hey, it makes a great story, 77 00:04:25,879 --> 00:04:26,560 that could. 78 00:04:26,319 --> 00:04:28,439 Speaker 1: Be talking about it. That could be too Yeah, because 79 00:04:28,439 --> 00:04:30,160 I'd never even heard of Chromharts and you. 80 00:04:30,079 --> 00:04:34,480 Speaker 2: Didn't say anything about them sewing for money. Interestingly, well, 81 00:04:34,480 --> 00:04:36,600 they want him to stop using the name. Is there 82 00:04:36,639 --> 00:04:38,199 a cash requestion. 83 00:04:37,839 --> 00:04:40,759 Speaker 1: There there there may be a well, like I said, 84 00:04:40,759 --> 00:04:42,040 I mean if they can, if they can come to 85 00:04:42,079 --> 00:04:45,360 a settlement, which these things often do. They they more 86 00:04:45,399 --> 00:04:47,360 often settle than actually go to court. So they might 87 00:04:47,399 --> 00:04:49,959 come to a settlement where they effectively license the name 88 00:04:50,040 --> 00:04:54,279 Chrome Hearts to Neil Young it's silly, or or they 89 00:04:54,319 --> 00:05:00,519 get a percentage of uh of of revenue generated from 90 00:05:00,879 --> 00:05:03,160 Neil Young merchandise which has Chrome Hearts. 91 00:05:03,439 --> 00:05:05,240 Speaker 2: If I see Neil Young and the Chrome Hearts stuff 92 00:05:05,279 --> 00:05:07,040 at this new arena, I know that that I'm going 93 00:05:07,079 --> 00:05:08,399 to be confused and go by clothing. 94 00:05:09,800 --> 00:05:11,800 Speaker 1: Well that's the thing that would that that would be Yeah, 95 00:05:11,800 --> 00:05:13,720 that would be a good counter argument in the lawsuit. 96 00:05:13,800 --> 00:05:16,720 Speaker 2: Yeah, it's not like it's and it's not even like 97 00:05:16,759 --> 00:05:19,600 they're not even promoting the name separately. It's with Neil Young, 98 00:05:19,720 --> 00:05:22,519 So Neil Young and the Chrome Heart. Right, it's not 99 00:05:22,720 --> 00:05:24,240 a separate name even. 100 00:05:24,160 --> 00:05:26,519 Speaker 1: Right if the band was simply called Chrome Hearts, that 101 00:05:26,600 --> 00:05:27,720 would be well. 102 00:05:27,600 --> 00:05:30,079 Speaker 2: Even if they are, it's a band, it's not a 103 00:05:30,120 --> 00:05:33,600 clothing designer. Yeah, unless their T shirts start making music. 104 00:05:33,639 --> 00:05:39,399 I don't hear it, right, I think I'm saying. 105 00:05:40,360 --> 00:05:44,120 Speaker 1: I'm not sure I'm a little I usually draw a 106 00:05:44,120 --> 00:05:47,639 pretty fast conclusion with this stuff. I'm a little I'm 107 00:05:47,680 --> 00:05:52,399 a little undecided. I'm uncertain of this one. Yeah, usually 108 00:05:52,399 --> 00:05:55,879 surprises me too. I usually see these things a little 109 00:05:55,879 --> 00:05:57,839 bit more cut and dry. But I think it's stupid. 110 00:05:57,920 --> 00:05:59,839 I'm not I'm not sure on this one. I don't see. 111 00:05:59,680 --> 00:06:03,000 Speaker 2: Anybody mixing up clothing with and and the only merch 112 00:06:03,040 --> 00:06:04,399 they're selling is band related. 113 00:06:04,480 --> 00:06:09,279 Speaker 1: So yeah, but there's but again from Cromart's position, see 114 00:06:09,319 --> 00:06:12,920 they're gonna argue, yeah, you're right, but what what what 115 00:06:13,000 --> 00:06:15,639 kind of merch do you sell that's band related clothing? 116 00:06:16,680 --> 00:06:18,199 T shirts? 117 00:06:18,240 --> 00:06:18,839 Speaker 2: A T shirts. 118 00:06:20,439 --> 00:06:21,600 Speaker 1: That's the argument they're gonna use. 119 00:06:21,680 --> 00:06:23,399 Speaker 2: It's not a whole product, it's. 120 00:06:23,560 --> 00:06:25,040 Speaker 1: You know, it'd be one thing if they were just 121 00:06:25,120 --> 00:06:27,959 selling CDs, you know, or something. But you're in the 122 00:06:28,000 --> 00:06:30,920 same industry, you're selling merch. But see but that all 123 00:06:31,000 --> 00:06:33,319 but see that, But that's the art. But they are, 124 00:06:33,399 --> 00:06:35,000 in a sense, and that's the argument. 125 00:06:35,839 --> 00:06:37,879 Speaker 2: The same industry. They're in music. 126 00:06:37,759 --> 00:06:41,480 Speaker 1: Merchandising of clothing. That is the same. And if you're 127 00:06:41,480 --> 00:06:43,639 in the music industry, you're in the merch you're in 128 00:06:43,680 --> 00:06:44,639 the merchandise industry. 129 00:06:44,680 --> 00:06:48,480 Speaker 2: You are going to follows brand clothing like a brand, 130 00:06:48,720 --> 00:06:52,199 which I don't. But people who follow brand clothing. 131 00:06:52,160 --> 00:06:54,000 Speaker 1: Don't confuse it with musicians. 132 00:06:54,240 --> 00:06:56,680 Speaker 2: They might get interested in a brand, but they're not 133 00:06:56,720 --> 00:06:59,839 gonna confuse it. Oh, I thought you were selling T 134 00:07:00,120 --> 00:07:00,759 shirts in here? 135 00:07:01,000 --> 00:07:02,639 Speaker 1: Why are there so many drums? Like? 136 00:07:02,720 --> 00:07:05,360 Speaker 2: Come on, that doesn't happen. You don't go to the 137 00:07:05,360 --> 00:07:08,720 T shirts, you don't go to Marshal's. Walk over to 138 00:07:08,759 --> 00:07:12,079 the rack that's got chrome whatever here and look for 139 00:07:12,120 --> 00:07:14,199 Neil Young. It doesn't work that way. 140 00:07:14,319 --> 00:07:19,759 Speaker 1: Right, I'm sorry, I don't no, I I hear you. 141 00:07:19,839 --> 00:07:22,319 Speaker 2: Both of these stories are set to me today. 142 00:07:22,360 --> 00:07:24,759 Speaker 1: I'm just a little bit. I'm just a little bit uncertain. 143 00:07:24,800 --> 00:07:26,600 We're gonna have to follow that one closely as it 144 00:07:26,639 --> 00:07:27,160 moves forward. 145 00:07:27,160 --> 00:07:28,959 Speaker 2: Now, let's see there to it than. 146 00:07:29,199 --> 00:07:32,680 Speaker 1: Very curious I'm missing or something. Yeah, I'm very curious 147 00:07:32,720 --> 00:07:34,920 to see how that ends up. I don't see consumer 148 00:07:34,959 --> 00:07:38,519 confusion here. Well, no, but from the from that statement 149 00:07:38,600 --> 00:07:40,879 from the lawsuit, it sounds like Cromart's is saying there's 150 00:07:40,920 --> 00:07:44,199 like confusion within the industry, within the fashion industry, give 151 00:07:44,240 --> 00:07:47,319 me a break, because they're getting orders from give me 152 00:07:47,600 --> 00:07:48,199 a break. 153 00:07:48,240 --> 00:07:50,759 Speaker 2: I don't know, and they're getting orders from stupid people 154 00:07:50,800 --> 00:07:54,560 that don't know the difference between a musician and clothing designers. 155 00:07:55,560 --> 00:08:00,439 I don't think I'm sticking to it, all right, We 156 00:08:00,680 --> 00:08:01,079 dug in 157 00:08:01,240 --> 00:08:02,720 Speaker 1: We gotta go, we gotta go.