Carolina Hurricanes File Trademark Infringement Lawsuit Against Tye Banks

cropped stanley cupThe Carolina Hurricanes, who were eliminated from the 2009 Stanley Cup Playoffs by the Pittsburgh Penguins in the Eastern Conference Finals, filed a trademark infringement lawsuit against singer Tye Banks in the U.S. District Court for the Eastern District of North Carolina on August 7, 2009 (Hurricanes Hockey Limited Partnership v. Banks et al, case number 4:2009cv00136).

The Hurricanes claim that Tye is using their trademark by referring to his song “Carolina Hurricanes” as “the official Carolina Hurricanes song.” The Hurricanes play his song during hockey games.

The Hurricanes sent Banks a cease-and-desist notice in February and he responded by removing the term “official” or “anthem” from his website and by adding disclaimers. Nonetheless, the Hurricanes claim that by Tye wearing a Hurricanes jersey in promotional material to promote his song, he is suggesting affiliation with the Hurricanes that damages their marks. (Source: www.thehockeynews.com)

– Katie Cooper

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