Classixx Sue H&M for Trademark Infringement

The Electronic Duo, Clasixx have filed a lawsuit against H&M for trademark infringement, after the retailer reportedly sold unlicensed clothing bearing the band’s name without the band’s permission, as Stereogum points out.

The lawsuit was filed in the Central District of California, and claims that H&M were “aware” of the band’s name and trademark due to the fact that their music was played in H&M outlets worldwide. Classixx sent a cease & desist to H&M prior to filing the lawsuit. In response, the retailer sent a response stating “the use of a word as a decorative feature on an article of clothing is not trademark use.”

When reached for comment, the band’s attorney issued a statement that can be found below. A representative for H&M told Pitchfork the company is “currently looking into this.” Find the text of the legal complaint in its entirety below as well.

Our client attempted to resolve this amicably with H&M before going to court. But, despite H&M’s blatant infringement of Classixx’s trademark and publicity rights, it denied any liability, threatened Classixx with claims for costs and attorneys’ fees, and insultingly referred to the band as a “relatively unknown DJ duo.” Clearly, H&M, which has been known to broadcast Classixx music in its stores, is no friend to the artist. For H&M to profit by marketing and selling without consent “Classixx”-branded apparel at its stores around the world is bad, but responding in the manner it did is even worse. The band looks forward to their day in court.