Similar marks for bands, but no likelihood of confusion
Newsboys, Inc. v. Warner Music Inc., illustrates that similar marks paired with similar goods or services may not create a likelihood of confusion.
The secret is enough of a difference in the goods or services.
Plaintiff’s mark is NEWSBOYS. Defendants’ mark is NEW BOYZ. Both marks look and sound a lot alike. And both are used in connection with live musical performances.
But plaintiff uses its mark in connection with Christian rock. And defendants use their mark in connection with hip-hop. What’s more, according to plaintiff’s complaint, defendants’ group sings “‘sexually-charged,’ ‘sexually-explicit’ lyrics.”
The Middle District of Tennessee found this difference was enough to grant the defendants’ motion to dismiss plaintiff’s complaint. The services were just too different as a matter of law for confusion to be likely.
“[G]iven the stark differences in Plaintiff’s ‘Christian-based music’ versus New Boyz’s ‘sexually-charged’ hip-hop music,” the court wrote, it is “implausible that ‘Newsboys’ and ‘New Boyz’ are likely to cause confusion in the marketplace” — despite plaintiff’s claimed evidence of actual confusion.
This finding is unusual. The court itself acknowledged that “dismissal for failure to state a claim upon which relief can be granted is appropriate in only the most extreme trademark infringement cases….”
The case cite is Newsboys, Inc. v. Warner Music Inc., No. 12-0678 (M.D. Tenn. April 19, 2013).