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cease and desist letter I received

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buite

Junior Member
What is the name of your state (only U.S. law)? Florida

I recently put together a concert at a local bar with some local bands including my own. The show was free with an option to donate to a charity. We named the show using my last name and the last 4 letters of a name of a local music festival. Sort of how some people have used "stock" for years. Obviously "stock" was taken from Woodstock, so people have made up names for concerts or music events. Flatstock, for example is the name of a concert poster convention in Austin, TX every year. Some events have used "palooza", which is from the Lollapalooza festival. Localpalooza was the name of a local event, for example. What I did was something along these lines. Their event was a big multi-day music festival with nationally known mainstream acts. Our event was a benefit show with unsigned local acts and none of the performers made any money from this event.

A friend of mine created some artwork for the event that was an obvious parody of the official artwork used by the original event. This artwork was posted on the website that we created for our charity event.
We received a cease and desist from lawyers of the original event. What they want is for me to remove the website and facebook page for the event and they want in writing that i will never use the name again.
I removed all information on the website, except for a link to the charity and I un-published the facebook page for now so that only I can see it.
I do not want to give them anything in writing. Even though I am not planning any other events any time soon using that name, I don't if I will ever want to do so again and regardless, I don't want to give them anything in writing that says so either way.
They have threatened to sue if I don't comply, although I don't have much in the way of personal assets to give them and the show made no profit.

I don't understand how so many events can use "stock" (woodstock) or "Palooza" (Lollapalooza) or "roo" (Bonaroo) or even events that call themselves "Anti-SXSW" in Austin during the actual SXSW festival. What is the difference here?
if anyone can help, I'd greatly appreciate it. Thank you!
 


FlyingRon

Senior Member
You intentionally banked on the fame of someone else's trademark. You marketed your event (doesn't matter if it was charitable or not) in a way where it was confusing as to whether you were part of the other event or diluted their use of their famous mark. The fact that it was another local music event just makes it worse.

As far as the others, either they don't much exist to defend their mark (like Woodstock) or you're below their RADAR to notice.
 

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