Since coining the term “ATLiens,” the hip-hop duo from Georgia, OutKast has enjoyed widespread use of the reference to Atlanta residents along with long-term success since the album of the same name was released in 1996. ATLiens, a combination of Atlanta and aliens has become part of the nomenclature and is commonly used by local and non-local citizens. But now according to Rolling Stone, Outkasts members Andre 3000 and Big Boi are suing an Atlanta-based EDM group for attempting to brand the name and all their company ATLiens.
Despite the industry’s attempt to create a specific EDM brand, the acronym remains in use as an umbrella term for multiple genres, including dance-pop, house, techno, electro and trance, as well as their respective subgenres, which all predate the acronym
The trademark infringement case was filed in the United States District Court for the Northern District of Georgia on Aug. 20.
“Upon information and belief, Defendant selected the name ATLiens for their EDM duo to trade upon the tremendous fame and goodwill associated with Plaintiff’s ATLiens album, song, and mark, or, at a minimum, to call to consumers’ minds Plaintiff’s famous ATLiens album, song, and mark,” the lawsuit states.
The EDM duo registered the ATLiens name as a service mark (according to the United States Patent and Trademark Office, a trademark is used for goods, while a service mark is used for services) with the U.S. patent office, unbeknownst to OutKast in 2020. High Schoolers, LLC has five ATLiens registrations pending. “Plaintiff also did not give consent or approval to Defendant to file a service mark application directed to the ATLiens mark or any variation thereof,” it says in the lawsuit.“This is a basic brand protection issue,” Abigail J. Remore and Peter Nussbaum, the attorneys representing the Atlanta-based hip-hop group, said. “Efforts to resolve this matter amicably were unfortunately unsuccessful, and OutKast, therefore, had to file suit in order to protect the valuable name and trademark ATLiens that it created and has continuously used for nearly 30 years.”
The EDM group’s use of the name has caused confusion, especially since they perform with masks, shielding their identity. OutKast asserts “senior rights” since the album ATLiens initially came out in 1996. Merchandise sold with the term established “common law rights” in the 1990s, where the EDM duo claims to have first used the mark in 2012. The hip-hop duo has requested a Trademark Trial and Appeal Board Cancellation Proceeding.
“The word ATLiens was invented by OutKast. Before OutKast created it, it was not used in the cultural lexicon and did not exist.”
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