IP Law Daily, TRADEMARK NEWS—Coachella is not chilling over nearby brewery, (Mar 18, 2024)

By Matthew Hersh, J.D.

The brewing company has allegedly been using the Coachella name and logo in its own promotional materials.

A California brewery has been unlawfully using the name and trade dress of a high-profile music festival that takes place once a year just down the road, a new lawsuit claims. The lawsuit, filed in the District Court for the Central District of California, is just one of many the music festival’s sponsor have filed against companies, on this continent and others, that allegedly trade on the festival’s name (Coachella Music Festival, LLC v. C.V. Brewing Co., filed March 14, 2024).

The lawsuit was brought by the operator of the Coachella Music Festival, an annual event that brings music fans each year to the grounds of a massive polo club in the Coachella Valley region of Southern California. The music festival, put on annually since 1999, now draws nearly 750,000 attendees per year and has attracted performers—according to a list in the complaint—such as AC/DC, Bad Bunny, Beyoncé, Beastie Boys, Cardi B, Dr. Dre & Snoop Dogg, Guns N’ Roses, Harry Styles, Jay-Z, Lady Gaga, Lana Del Rey, Madonna, Paul McCartney, Prince, Radiohead, Red Hot Chili Peppers, and The Cure. The festival owns registered trademarks for COACHELLA, COACHELLA (stylized), CHELLA, and COACHELLA VALLEY MUSIC AND ARTS FESTIVAL.

The well-known Coachella name, not surprisingly, has been borrowed by many companies eager to capitalize on the festival’s goodwill. One of the latest, the music festival claims, is a beer brewery in nearby Thousand Palms named Coachella Valley Brewing Company. In addition to brewing and serving beer, the complaint asserts, it hosts live events including comedy shows and live entertainment events. Although the brewery’s initial logo was the letters “CVB” on a blue highway sign, the complaint alleges, it has recently re-designed its logo with the word COACHELLA emphasized over a smaller font-size “Valley Brewing Company” below. The logo also features a Ferris wheel—one of the iconic symbols of the music festival—in the background. The brewery has obtained a federal registration for its mark.

The brewery’s change of logo drew the ire of the operators of the music festival. Their lawsuit brings claims of trademark infringement, false designation of origin, and unfair or deceptive practices under California statutory and common law. The lawsuit also seeks cancellation of the brewery’s trademark registration. The lawsuit seeks injunctive relief, damages, and costs and attorney fees.

The lawsuit is hardly the first that the music festival has filed against those who allegedly used its name. In August of 2022 the festival settled a lawsuit against AEG and Live Nation over their sponsorship of a new year's event entitled “Coachella Day One ’22.” The music festival has also taken on the Palm Desert sponsors of an event called Wholechella, a Washington D.C. protest event entitled Moachella, and even a music festival in Ghana known as Afrochella.

The case is No. 5:24-cv-00548-KK-SHK.

Attorneys: Steven E. Lauridsen (Tucker Ellis LLP) for Coachella Music Festival, LLC.

Companies: Coachella Music Festival, LLC; C.V. Brewing Co.

News: Trademark CaliforniaNews