Metallica has not been afraid to use the law to protect their earnings in the past, and now the band is doing so once again…but this latest legal case looks different from their last high-profile lawsuit.
The company responsible for producing Metallica’s tour merchandise is taking legal action to combat the sale of unauthorized bootleg items at the rock band’s concerts. A common sight outside of shows these days is people selling knockoff t-shirts and other merch items that look nearly identical to the much more expensive merch items fans can purchase inside the venue.
These bootleggers have plagued the music industry and countless artists for years, and now Metallica, or at least a company connected to the rockers, is taking action to finally end this scourge of copyright infringement.
Merch Traffic, the company that works with major bands and musicians such as Metallica, among many others, printing their official merchandise, recently filed a lawsuit in federal court in St. Louis, MO, where the band will be playing a show soon. The suit doesn’t name anyone specifically, instead going after people called John and Jane Does.
The suit aims to stop those who will be standing outside the venue on the night of the concert selling fake Metallica merchandise—whoever they end up being. The goal is to allow police to show up and confiscate the bootleg merch and destroy it immediately.
According to the lawsuit (via the St. Louis Post-Dispatch), “The infringing merchandise is of the same general appearance as plaintiff’s merchandise and is likely to cause confusion among prospective purchasers. Further, the infringing merchandise sold and to be sold by defendants is generally of inferior quality.”
This newly-launched legal action is not limited only to Missouri. The company behind the move has also pursued similar litigation in various states, including New York and New Jersey. Their objective is clear: to put an end to bootleggers and safeguard the integrity of Metallica’s merchandise.
This isn’t the first instance of Metallica defending their brand against those infringing upon their intellectual property. Back in 2000, the rock legends took a stand against online theft of their music when they sued the online filesharing company Napster for trademark infringement. For years, Napster had allowed users to download any music they wanted for free in a new technology known as peer-to-peer networks.
These online downloads hurt the band’s revenue significantly, and they weren’t the only ones feeling the pain. Napster, and others like it, seriously damaged the music industry. The lawsuit was eventually settled the following year, and Napster subsequently filed for bankruptcy.
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