Facebook.com/JoanJettJoan Jett's Blackheart Records Group label is suing teen retailer Hot Topic for trademark infringement and false advertising over the chain's Blackheart Clothing Co. brand.
The complaint, which was filed last week, notes that Jett and her longtime musical collaborator Kenny Laguna formed the band Joan Jett and the Blackhearts and subsequently started their own recording company and called it "Blackheart Records." They applied to register the label's name with the U.S. Patent and Trademark Office in 1984, and the office granted the registration the next year. In 2005, Jett and Laguna also registered "Blackheart Records Group" with the patent and trademark office.
The label is suing the California-based Hot Topic Inc. for trademark infringement, dilution, unfair competition and false advertising in the U.S. District Court for the Southern District of New York.
A spokeswoman for Hot Topic Inc. released a statement to ABC News saying the company "takes the rights of artists very seriously, and has in fact compensated Ms. Jett over many years in keeping with mutually agreed-upon license agreements for the sale of tee shirts featuring her image."
The statement also notes, "This lawsuit is a surprise to us, and we are confident in our rights to use the Blackheart brand name."
Hot Topic adds that it has 11 different registered trademarks with the U.S. Patent & Trademark Office for the use of the Blackheart brand for "retail stores, apparel, lingerie, accessories, cosmetics and more, with some uses going back a decade to 2003."
Hot Topic further claims, "In contrast, Blackheart Records has for years abandoned trademark filings for the use of the Blackheart name on apparel and accessories, and when we contacted them a year ago about acquiring the Blackheart URL, they never indicated a problem with our use."
According to the label's complaint, Hot Topic distributed music and music-related apparel that it bought from Blackheart or its business partners throughout the 1990s. Around February 2010, Hot Topic approached Blackheart to design and distribute merchandise featuring the "Blackheart Family of Marks," which include images featuring "certain design elements -- notably a heart, which is either solid black, black with a white outline, or white with a black outline."
The suit says that "after experimenting with legitimate and illegitimate items that use and/or are sold under the Blackheart Family of Marks, [Hot Topic] commenced their own line of clothing under their own new 'Blackheart' brand," which is described as the "infringing brand."
Blackheart's complaint also says Hot Topic's tagline, "Lingerie for Girls Who Rock & Roll," infringes on the Blackheart brand by invoking the image of Jett, who they say is referred to as "The Queen of Rock N' Roll" and whose best known recording is "I Love Rock N' Roll."
The complaint states that the public has confused Hot Topic's brand with a company affiliated or sponsored by Jett or Blackheart Records.
Copyright 2013 ABC News Radio
EltonJohn.comThinking about new digs? Well, if you have enough cash, the French château where Elton John recorded his classic 1972 album Honky Château can now be yours.
According to the European news service AFP, the 18th century Château d'Hérouville, located about 20 miles outside of Paris, has been put up for sale for the bargain price of $1.73 million. That'll get you 30 rooms, a 42,000-acre park, a pool and a tennis court.
French composer Michel Magne built a famous recording studio in the château in 1969, and many top artists recorded there, including John, who dubbed it the "Honky Château." In addition to working on his 1972 studio effort at the mansion, he also traveled to there to record his next two albums, 1973's Goodbye Yellow Brick Road and Don't Shoot Me I'm Only the Piano Player.
In addition, The Bee Gees recorded "Stayin' Alive" and "How Deep Is Your Love" at the château, and Fleetwood Mac made their 1982 album Mirage there as well. Other artists who recorded at the château before it closed in 1985 include David Bowie, Pink Floyd, Cat Stevens and Bad Company.
Elton's Honky Château produced the hits "Rocket Man (I Think It's Going to Be a Long, Long Time)" and "Honky Cat," as well as the fan favorite "Mona Lisas and Mad Hatters."
Copyright 2013 ABC News Radio
Photo: James O'MaraJoni Mitchell was at Toronto's Luminato Festival on Sunday to particpate in a rare and in-depth Q&A session, one of several scheduled events focusing on the influential folk/pop/jazz artist at the creative-arts fest. The acclaimed singer/songwriter spoke with New York Times music critic Jon Pareles about a variety of topics, including her childhood struggle with polio and other illnesses, her musical and artistic influences and inspirations, her unique approach to writing and playing music, her painting and much more.
Among the interesting revelations Joni shared during the hour-and-a-half chat was that she once pulled the plug on a proposed film project about her by telling the director that the movie would be "a piece of s**t" because he didn't know enough specifics about her life. A video of the entire interview can be viewed at the Luminato Festival's official YouTube channel.
The festival also is hosting a pair of tribute concerts for Mitchell in honor of her upcoming 70th birthday this November 7. The shows, titled Joni: A Portrait in Song, will take place Tuesday and Wednesday night at Toronto's famed Massey Hall. Mitchell herself will recite a poem she wrote recently that was inspired by early 20th century Canadian painter Emily Carr, with accompaniment from jazz drummer Brian Blade and trumpeter Ambrose Akinmusire. Other musicians scheduled to perform at the concerts include Herbie Hancock, Glen Hansard, Rufus Wainwright and Esperanza Spalding.
Copyright 2013 ABC News Radio
Photo: Mick RockDaryl Hall & John Oates are among the artists who will perform at the fourth annual Life Is Good Festival, scheduled for September 21 and 22 at Prowse Farm in Canton, Massachusetts. The pop-soul duo will hit the stage during the first day of the event, which expects to raise more than $1 million for the Life Is Good Kids Foundation, a nonprofit charity that aids in-need youth and supports a training program for childcare professionals.
Other artists on the lineup for the festival's 2013 edition include Jack Johnson, popular children's performance group Yo Gabba Gabba!, The Roots, Amos Lee, Dawes and The Preservation Hall Jazz Band. In addition to the variety of musical performances, the family-friendly event also will feature activities and games geared toward young people.
Tickets for the extravaganza can be purchased now at LifeIsGood.com/Festival. Adult prices are $65 for one day and $120 for a two-day pass, while children pay $20 for one day and $35 for a two-day pass. Kids under age 2 are admitted for free.
Copyright 2013 ABC News Radio
Interscope RecordsAs part of his One campaign's agit8 anti-poverty initiative, U2 frontman Bono posted a clip of the band delivering an acoustic performance of "Sunday Bloody Sunday" on YouTube. In an accompanying video interview, Bono also tells the story of how as a child songs by John Lennon, Bob Marley and Bob Dylan taught him the importance of how music could inspire social change.
Also adding a video to the agit8 campaign on Friday was Bruce Springsteen who offers a solo acoustic rendition of "The Promised Land." The collected videos can be seen on One's YouTube channel.
As previously reported, agit8 is a music-based campaign designed to help to create awareness about issues related to extreme poverty. A variety of musicians including Aerosmith, Elvis Costello, Donovan, Kid Rock and The Beach Boys' Al Jardine have contributed videos of themselves either covering protest songs or performing their own topical tunes as part of the initiative which is timed to correspond with the G8 summit in Northern Ireland.
Copyright 2013 ABC News Radio
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