After a year of consideration, the organisation behind the American festival Coachella is going to court in order to have Hoodchella to change it’s name. The action is based on trademark infringement (causing confusion and dilution) as well as unfair competition. Coachella is one of the biggest music festivals in the world. Hoodchella was launched last year as a urban festival and will now be held in April (like Coachella) for a second time. This will be the battle of the Chella’s, as the prefix is different. The question is, are these names sufficiently similar to cause some confusion? Or does the beginning of the marks create enough distance? What will be in the benefit of Coachella is their fame of course, enlarging their scope of protection of their mark. Although Coachella takes a risk, they have to go for the full attack otherwise other “Chella”-festival names will probably arise. And that will mean a great dilution of the mark.
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