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        <title><![CDATA[An entertainment lawyer explains the finer points of the Lady A lawsuit]]></title>
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            <media:title type="html">An entertainment lawyer explains the finer points of the Lady A lawsuit</media:title>
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        <content:encoded><![CDATA[<p>The artists formerly known as Lady Antebellum tested the court of public opinion this week when, after <strong>changing their name to Lady A</strong> in a gesture of support to the Black Lives Matter movement, news broke that&nbsp;<strong>they were suing a blues singer, Anita White</strong>, who has been using the stage name Lady A for years.</p><p>We asked Kurt Dahl, an entertainment lawyer and partner at Vancouver&#8217;s <strong>Murphy &amp; Company</strong> firm — who also plays drums and blogs about the intersection of the two at <strong>LawyerDrummer.com</strong> — to take us inside the case.</p><p>&#8220;I see a fair amount of artist name disputes come across my desk, but they rarely go to trial,&#8221; Dahl said. &#8220;There needs to be an incredible amount of money at stake in order for these matters to approach litigation, which of course there is here. Mostly, it&#8217;s a great deal of threatening legal action rather than taking it.</p><p>&#8220;Lady Antebellum really made a series of missteps here,&#8221; Dahl claimed. &#8220;In our current times, I cannot think of a worse plan from a p.r. perspective.&#8221;</p><p>But, he noted that, contrary to a cursory read of the headlines around the case, the band is not suing White to prevent her from using the &#8220;Lady A&#8221; moniker, nor are they seeking a monetary amount, but are attempting to ensure that they themselves won&#8217;t be sued for using the handle going forward as the two artists adjust to &#8220;sharing&#8221; the name.</p><p>Dahl also said that the $10 million asked for by White in return for her cooperation is &#8220;high, given the circumstances.&#8221; (White says that <strong>she intends to donate half the sum</strong> to various charities.)</p><p>A crucial contention of the band&#8217;s suit is that they filed a trademark application for the &#8220;Lady A&#8221; nickname in 2010 and received no opposition. But while the proposed trademark would have been published by the US Patent and Trademark Office, and White would have had the opportunity to object, Dahl says it&#8217;s unlikely she even knew such a thing was happening.</p><p><span class="embed-youtube" ><iframe src="https://www.youtube.com/embed/q3BGWNSSae8?version=3&#038;rel=1&#038;fs=1&#038;autohide=2&#038;showsearch=0&#038;showinfo=1&#038;iv_load_policy=1&#038;wmode=transparent" frameborder="0" width="600" height="315"></iframe></span></p><p>The band&#8217;s suit does note that White was using Lady A since as early as 2010, but adds that “based on information and belief,” White has never trademarked the name.</p><p>&#8220;She would not have received a notification unless she had signed up for them or had previously filed for that trademark,&#8221; Dahl said. &#8220;The onus would have been on her to file an objection [and] I highly doubt that the band would have reached out to her.&#8221;</p><p>He continued, &#8220;My guess is that the band and their team did some searching at that time, found the existing Lady A, and decided she wasn&#8217;t big enough to pose a threat. By &#8216;big enough,&#8217; I mean her reach as an artist in terms of worldwide sales, touring, etc. The alternative is that the band (and their manager and trademark lawyer) couldn&#8217;t find her via Google search, which is hard to believe. Bottom line: they got horrible legal advice somewhere along the way. They should have called me.&#8221;</p><p>Despite a June 15 <strong>Instagram post that proclaimed</strong> the band had &#8220;connected privately with the artist Lady A&#8221; for &#8220;transparent, honest, and authentic conversations,&#8221; things have definitely taken a turn.</p><blockquote class="instagram-media" data-instgrm-captioned data-instgrm-permalink="https://www.instagram.com/p/CBeTF3iDVht/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="12" ><p><script src="https://platform.instagram.com/en_US/embeds.js" async="async"></script><br /> <strong></p><p><svg width="50px" height="50px" viewBox="0 0 60 60" version="1.1" xmlns="https://www.w3.org/2000/svg" xmlns:xlink="https://www.w3.org/1999/xlink"><g stroke="none" stroke-width="1" fill="none" fill-rule="evenodd"><g transform="translate(-511.000000, -20.000000)" fill="#000000"><g><path d="M556.869,30.41 C554.814,30.41 553.148,32.076 553.148,34.131 C553.148,36.186 554.814,37.852 556.869,37.852 C558.924,37.852 560.59,36.186 560.59,34.131 C560.59,32.076 558.924,30.41 556.869,30.41 M541,60.657 C535.114,60.657 530.342,55.887 530.342,50 C530.342,44.114 535.114,39.342 541,39.342 C546.887,39.342 551.658,44.114 551.658,50 C551.658,55.887 546.887,60.657 541,60.657 M541,33.886 C532.1,33.886 524.886,41.1 524.886,50 C524.886,58.899 532.1,66.113 541,66.113 C549.9,66.113 557.115,58.899 557.115,50 C557.115,41.1 549.9,33.886 541,33.886 M565.378,62.101 C565.244,65.022 564.756,66.606 564.346,67.663 C563.803,69.06 563.154,70.057 562.106,71.106 C561.058,72.155 560.06,72.803 558.662,73.347 C557.607,73.757 556.021,74.244 553.102,74.378 C549.944,74.521 548.997,74.552 541,74.552 C533.003,74.552 532.056,74.521 528.898,74.378 C525.979,74.244 524.393,73.757 523.338,73.347 C521.94,72.803 520.942,72.155 519.894,71.106 C518.846,70.057 518.197,69.06 517.654,67.663 C517.244,66.606 516.755,65.022 516.623,62.101 C516.479,58.943 516.448,57.996 516.448,50 C516.448,42.003 516.479,41.056 516.623,37.899 C516.755,34.978 517.244,33.391 517.654,32.338 C518.197,30.938 518.846,29.942 519.894,28.894 C520.942,27.846 521.94,27.196 523.338,26.654 C524.393,26.244 525.979,25.756 528.898,25.623 C532.057,25.479 533.004,25.448 541,25.448 C548.997,25.448 549.943,25.479 553.102,25.623 C556.021,25.756 557.607,26.244 558.662,26.654 C560.06,27.196 561.058,27.846 562.106,28.894 C563.154,29.942 563.803,30.938 564.346,32.338 C564.756,33.391 565.244,34.978 565.378,37.899 C565.522,41.056 565.552,42.003 565.552,50 C565.552,57.996 565.522,58.943 565.378,62.101 M570.82,37.631 C570.674,34.438 570.167,32.258 569.425,30.349 C568.659,28.377 567.633,26.702 565.965,25.035 C564.297,23.368 562.623,22.342 560.652,21.575 C558.743,20.834 556.562,20.326 553.369,20.18 C550.169,20.033 549.148,20 541,20 C532.853,20 531.831,20.033 528.631,20.18 C525.438,20.326 523.257,20.834 521.349,21.575 C519.376,22.342 517.703,23.368 516.035,25.035 C514.368,26.702 513.342,28.377 512.574,30.349 C511.834,32.258 511.326,34.438 511.181,37.631 C511.035,40.831 511,41.851 511,50 C511,58.147 511.035,59.17 511.181,62.369 C511.326,65.562 511.834,67.743 512.574,69.651 C513.342,71.625 514.368,73.296 516.035,74.965 C517.703,76.634 519.376,77.658 521.349,78.425 C523.257,79.167 525.438,79.673 528.631,79.82 C531.831,79.965 532.853,80.001 541,80.001 C549.148,80.001 550.169,79.965 553.369,79.82 C556.562,79.673 558.743,79.167 560.652,78.425 C562.623,77.658 564.297,76.634 565.965,74.965 C567.633,73.296 568.659,71.625 569.425,69.651 C570.167,67.743 570.674,65.562 570.82,62.369 C570.966,59.17 571,58.147 571,50 C571,41.851 570.966,40.831 570.82,37.631"></path></g></g></g></svg></p><p> View this post on Instagram</p><p></strong></p><p > <strong>Today, we connected privately with the artist Lady A. Transparent, honest, and authentic conversations were had. We are excited to share we are moving forward with positive solutions and common ground. The hurt is turning into hope. More to come. #LadyABluesSoulFunkGospelArtist  #TheTruthIsLoud @ladya_bluesdiva @dexter_allen_entertainment @oliveriiijohn</strong></p><p >A post shared by <strong> Lady A</strong> (@ladya) on <time  datetime="2020-06-15T23:00:54+00:00">Jun 15, 2020 at 4:00pm PDT</time></p></blockquote><p>&#8220;This is my life. Lady A is my brand, I’ve used it for over 20 years, and I’m proud of what I’ve done,” <strong>White told Rolling Stone this week</strong>. “This is too much now. They’re using the name because of a Black Lives Matter incident that, for them, is just a moment in time. If it mattered, it would have mattered to them before. It shouldn’t have taken George Floyd to die for them to realize that their name had a slave reference to it.</p><p>“It’s an opportunity for them to pretend they’re not racist or <strong>pretend this means something</strong> to them. If it did, they would’ve done some research.”</p>]]></content:encoded>
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