Christian band Demon Hunter is suing Netflix, claiming that KPop Demon Hunters is causing ‘substantial confusion’ over its name. No, metal band Demon Hunter will not be performing Golden as an encore. The Seattle-based rock outfit, which formed in 2000, is suing Netflix, claiming that last year’s animated mega-smash KPop Demon Hunters is creating unfair ... KPop Demon Hunters | Netflix sued by Christian metal band over name ‘confusion’
Christian band Demon Hunter is suing Netflix, claiming that KPop Demon Hunters is causing ‘substantial confusion’ over its name.
No, metal band Demon Hunter will not be performing Golden as an encore. The Seattle-based rock outfit, which formed in 2000, is suing Netflix, claiming that last year’s animated mega-smash KPop Demon Hunters is creating unfair competition and ‘substantial confusion’.
The lawsuit was filed earlier this week (on the 18th August) by the band’s management company, Hyde Lane, and the legal argument goes that consumers are beginning to confuse the fictional band in KPop Demon Hunters with the real-world Demon Hunter, headed up by founder member Ryan Clark.
Although the KPop film itself has been out for a year at this stage, more alleged problems arose when Netflix partnered with AEG to mount a KPop Demon Hunters concert tour.
The lawsuit contains an email to support the claim, in which a parent writes that they spent $500 on tickets to see Demon Hunter in New York, only to later realise they’d mistaken them for KPop Demon Hunters. The parent had purchased the tickets for their two daughters, aged five and six. They subsequently asked for a refund.
“In short, in just a year’s time, Defendants have taken step after step to move into almost complete overlap with the goods and services offered by Hyde Lane under the Demon Hunter mark,” the suit reads, as quoted by TheWrap.
“As a result of their adoption and exploitation of the ‘KPop Demon Hunters’ brand, which is confusingly similar to senior user Hyde Lane’s established Demon Hunter mark, junior users Netflix, Netflix Studios, and AEG have created a substantial likelihood of confusion (and, indeed, actual confusion has already resulted), leading consumers to believe the parties’ goods or services are affiliated, sponsored, or otherwise connected with one another.”
Hyde Lane is now insisting that Netflix cease using the KPop Demon Hunters name when promoting music (recorded or performed live) or merchandise. Given Netflix’s sheer size and financial resources, we don’t fancy the Christian metal band’s chances on this one, but we’ll see.
“These allegations are without merit,” the streaming giant said in a statement. “Netflix has created an Academy Award-winning global phenomenon with ‘KPop Demon Hunters’ that has inspired fans around the world with its powerful music, storytelling and characters. We look forward to vigorously defending this matter.”
We’ll bring you more on the lawsuit as we hear it.
