Seattle Trademark Lawyer

Photo credit: musikizme.com

As STL readers know, I love a good band name dispute. The latest involves Little Willie Lyons, a/k/a “Souljah Boy,” who filed suit yesterday in the District of Nevada against fellow rapper Deandre Way, a/k/a “Soulja Boy,” Mr. Way’s manager, and Mr. Way’s publishers. Mr. Lyons claims that SOULJA BOY infringes and dilutes his common law rights in SOULJAH BOY (with an “H”).

Mr. Lyons states he has sold millions of records as “Souljah Boy,” and has been featured in “volumes of advertising, magazine articles and other media since 1995 in the continental United States and abroad.”

Mr. Way is one of the most popular musicians today. In September, his single “Crank That (Soulja Boy)” reached number one on Billboard’s Hot 100 chart based on national sales and radio play.

In an application to register SOULJA BOY with the Patent and Trademark Office, Mr. Way claimed he first used his mark in commerce in 1997 (though he also claimed a first use date of 2007 and his debut album, “Souljaboytellem.com,” was released this year).

If Mr. Lyons indeed can show priority, and continuous use, he’s probably got a winner.

The case cite is Lyons v. Way, No. 07-1635 (D. Nev.).