Apr 09, 2016
Vice Media has issued a cease-and-decist letter to unsigned indie band, ViceVersa, with allegations that their name and logo too similarly replicates Vice's. Huffington Post recently obtained a copy of the letter issued back in December, in which the company demands ViceVersa to officially change both their name and logo, or else consequences will be in order.
Vice, which is reportedly valued at $2.5 billion, claims the band is “infringing on the exclusive rights held by Vice Media in the VICE® Mark” which is “likely to confuse consumers as to the source of services offered under ViceVersa’s mark, and wrongly implies that Vice Media sponsors, endorses or is otherwise affiliated with ViceVersa.”
Additional demands include taking down any current visibility of ViceVera’s logo, stopping band merchandise sales, and producing documentation of all revenue earned since its formation in 2012. If members Christopher Morales (guitar), Sarah Corza (bass) and Ariel Fredrickson (drums) refuse to cooperate, the trio could face “claims for injunctive relief and monetary damages”.
According to Morales, it never occurred to him nor his bandmates that there was illegal conduct upon filing to trademark “ViceVersa” at the United States Patent and Trademark Office. A statement from Morales reveals, “[ViceVersa] has never claimed to be affiliated or supported by Vice Media. A name change and complete brand makeover could potentially set the band back thousands of dollars and gravely harm their growing fan base and social media presence.”
They also released a video reading sections of Vice’s letter and comparing the two logos:
According to Harry Finkel, ViceVersa’s attorney, cease-and-desist letters are common in these situations: “You have a big company that is overzealous in protecting its mark”. Finkel also issued a response letter to Vice, offering to reword certain areas of Morale’s trademark application to reinstate that ViceVersa has no intentions of infringing upon Vice.
In response, Vice filed a letter of opposition to the Trademark Trial and appeal Board, requesting Morale’s application be denied. A Vice spokesperson also told Huffington Post, “[ViceVersa’s logo] overlaps with the scope of our already existing federal trademark. This is a standard, cut-and-dry trademark matter and we are not involved in litigation with this band.”
A segment of Vice’s letter is viewable on ViceVersa’s official Twitter:
https://twitter.com/ViceVersa_LA/status/717820219259924480
Image: Huffington Post