Why Coachella is taking Afrochella to court [Pulse Explainer]
It was recently reported by multiple news outlets that Goldenvoice, the organizer of The Coachella Valley Music and Arts Festival is suing Culture Management Group the parent company for Afrochella, the music concert and festival brand over trademark infringement.
In this article, we will examine the reasons for this lawsuit and the likely implications.
Details: The Coachella Valley Music and Arts Festival and Goldenvoice have instituted a lawsuit against Afrochealla, the Ghanaian concert brand over copyright infringements.
The action was instituted before a California Federal Court on Wednesday, 5th October 2022 with the plaintiffs claiming that Afrochealla (the defendant) is "intentionally trading on the goodwill of Coachella and Goldenvoice" which is an established concert and festival brand in the United States by using the ''Chella'' suffix to promote shows in Ghana and the United States.
Reason for the suit: the subject matter of the suit boils down to the similarity in the name of both brands. Afrochella is very similar to Coachella as "Afro" was simply prefixed to "Chella".
Coachella is a trademark brand registered in the United States and any attempt to use the name, its likeness or a derivation of its construct without the express permission of the trademark holders will result in a copyright breach under the American Trademark Law.
For context, the plaintiffs Coachella Music Festival and Goldenvoice, last year filed a lawsuit against Live Nation Entertainment for contributory trademark infringement over the use of the name "Coachella" in promoting a show they tagged "Band of Mission Indians called Coachella Day One 22".
Readers will remember that BNXN has made to change his name from Buju after Jamaica's Buju Banton instituted a trademark breach due to the similarities in the names.
Similarly, Nigerian Alternative act Cruel Santino was made to change his name from Santi after he was confronted by a trademark suit by a creative from Spain.
Considering the obvious similarity in the name and the established nature of Coachella's brand, the lawsuit is one that could been easily preempted by the organizers of Afrochella, especially as they were marketing the brand in the US where Coachella is a registered trademark.
The implication of the suit: Following the suit, the plaintiffs sought a number of reliefs from the court including:
"That the Court issue a temporary restraining order, preliminary injunction, and permanent injunction enjoining and restraining Defendants and their officers, agents, servants, employees, and attorneys, and all other persons who are active concert with or participation with any of them, from engaging in any infringing activity including advertising, promoting, marketing, franchising, selling, and offering for sale any goods or services in connection with the COACHELLA Marks or any similar mark, including but not limited to AFROCHELLA."
Should the above prayers be granted amongst other prayers before the court, Afrochella will be temporarily barred from using the name "Afrochella" in promoting any events or marketing any product under the name pending the d determination of the suit.
The next Afrochella festival is scheduled for December 28 and 29, 2022 at the El Wak Stadium in Accra, Ghana. The event is billed to be headlined by megastar Burna Boy and superstars including Stonebwoy, Fireboy DML, Ayra Starr, and Black Sherif, amongst others.
It's left to be seen how the suit instituted by Coachella will affect this event. Whether the case will be struck out before then, whether the suit will be determined by the court or settled out of court. Or whether Afrochella as it's currently known will opt for a new nomenclature pending the resolution of the suit.
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