Common Law Rights vs. Federal Trademark: The Battle over 'Lady A'

 by Shekinah Apedo

Seattle-based blues singer, Anita "Lady A" White, has released five solo albums, the first in 2010 and the most recent in 2020 titled, Lady A: Live in New Orleans. White fronted Lady A & the Baby Blues Funk band for 18 years. Outside of Washington state, she's toured as a solo artist for 8 years in prominent blues scenes in Tennessee, Mississippi, Arkansas, and Louisiana. Using the "Lady A" brand name, she hosts three radio shows with NWCZ and KMRE 102.3 FM, and heads Lady A Productions featuring blues and gospel musicians.

On June 11, 2020, after the murder of George Floyd and during nationwide Black Lives Matter protests, Grammy-winning country trio, Lady Antebellum, announced a name change to "Lady A". Whether it was a marketing strategy or the sudden realization that their name celebrates a pre-Civil War period that promoted slavery, the country stars report to not have known about Anita White. Two days before the announcement, the trio's Lady A Entertainment LLC filed a federal trademark for "Lady A". Prior to this, Anita White only owned a state trademark in Washington for Lady A Productions, since 2017.

So, what's going on here? Anita White has a common law trademark right to Lady A, if she can prove that she's sold albums or merch using the name, giving her superior rights for first use. Common law trademark rights are granted through use of commerce, giving an entity the power to stop others from using that name in the geographic region of first use. Meaning White has grounds to stop other musicians in the Pacific Northwest from using her stage name. Although, being known under the moniker for nearly 20 years on the blues circuit and Seattle music scene, White never filed a federal trademark which extends nationwide. 

For the musicians formerly known as Lady Antebellum, I find it unbelievable that their legal team didn't do a simple Google search. Before you file a trademark, the standard rule is that you perform searches on Google, social media sites, the 50 states trademark offices, and the U.S. federal trademark office. Anita White as "Lady A" can easily be found on Google, YouTube, Spotify, Apple Music, Facebook, and Instagram. Sometimes, when it comes to litigation, it's not about who's right, but who has the most money and crafts the best argument.

In July 2020, the Nashville trio sued Anita White for using the "Lady A" stage name. In September, White counter-sued for trademark infringement in Washington state. A year later, the fight continues. Last week, a Nashville court denied White's request to dismiss the trio's suit. The trial will begin in 2022, if an amicable resolution cannot be reached.

For artists, what's the lesson? If you're going to market your talent or products under a specific name, do your research, protect your brand, spend the money, and file a federal trademark. Don't wait.

The contents of this blog are for informational purposes only and may not be relied on as legal advice.