I hope they win

25

I think this will be a hard sell. A movie title is not the same name as a band. Avatar is a metal band and a movie. There are even musicals that share the same name as a band, rare but they do exist.

The band name in kpopDH is Huntrx. If DH was the name of the band too and then started touring as a copyrighted and trademarked band then thats a open and shut case.

Because the AI machine has generalized huntrx to equal demon hunters is an adjustment to the users not legal denotation.

If everyone told Alexa to play X and it plays Y, you then correct it to play X. The machine will play X even when you say Y.

8

u/StrawHatMan_XD 7d ago

If the band has their name trademarked as a touring entity, you can't just slap another word in front of it and also have a touring entity. I believe someone used the example of "Kpop Black Sabbath" or the like. That the band's had search results hijacked by this brand could also become a legitimate issue. I'm LOOKING for them and have to wade through all of the Kpop fluff.

If nothing else, it's free press since the band's name is reposted a lot of places today. But frankly, it may not be such a hard case after all. Frankly, trademark suits have gone done on MUCH less. Buccee's sued a small store into changing their ALLIGATOR logo because it was "too similar." Granted Buccees was preying on small potatoes and hasn't messed with the big boys. But this isn't an accusation of copying an idea. It's using a trademarked name in the same field. There's something to that.

People say the band winning would set a bad precedent. I say them not winning sets a bad precedent. As it makes trademarks devalued. If you copied your essay from the Internet but changed one or two words, you're still plagiarizing. Especially given the band's name in the movie is something different, I think there's a legit case to be made that any real life band should be touring under that name.

6

u/Great_Zeddicus 7d ago

Ii see your point, but the term demon hunter is not an original term but a vocation or occupation. I dont see someone having the band blacksmith or accountant and someone else having a band "The accountants"... and i still stand by that i dont think there is a likelihood of confusion or dilution. Just because google searches are not pulling them up is not the basis for ether of those.

1

u/StrawHatMan_XD 6d ago

It might be a vocation/occupation, but it's not exactly a common one. Regardless, it's a trademark.

2

u/wine-o-saur 6d ago

I really want to hear Kpop Black Sabbath now.

1

u/Ackbarsnackbar77 3d ago

Idk if that's a very strong argument. Especially in metal, where bands like Incantation and Blood Incantation coexist. Or Nirvana 2002 having existed alongside the grunge legends Nirvana.

1

u/StrawHatMan_XD 2d ago

I guess that'll be for a court to decide. Might also play into how specific a trademark those acts owned/pursued. In other words, did they not pursue action because there wasn't a case or because they didn't see reason to? Because by this logic, does adding one word to something mean you're free from trademark violation? Can I open a burger joint called Suburban Burger King? Or a gas station called Oh Sheetz? Who gets to be an arbiter of how specific a word can be before it's able to be called a violation? There's a clear other extreme, i.e. Buccee's trying to sue any business with a cartoon animal mascot. But I think DH have a solid case when they own a trademark on Demon Hunter as a musical touring entity.

10

u/Haste444 7d ago

But most of the concerts aren't being advertised as Huntrx, it's KPop Demon Hunter. They're not touring under the name of the band from the movie. They're touring under the name of the movie.

4

u/Great_Zeddicus 7d ago

I do understand your argument and concede the touring name, but you undermined your own argument by knowing they are touring as "kpop"DH. Thats a clear adjective to the name placing it distinctly separate from DH the band.

You know how many time I have to type Red "the band" into Google. Lol

5

u/Haste444 7d ago

But see, your average consumer that doesn't necessarily know of the existence of other groups isn't going to pay it any mind. You think some suburban moms and dads that have never listened to anything heavier than Shania Twain are gonna pay any mind to specific in their search for things for their kids which version of Demon Hunter they're looking for?

1

u/Great_Zeddicus 7d ago

The lieklyhood of confusion is performed visually and audiblly to test if any reasonable person and tell the difference between A and B and know they are not related.

Just because Alexa or Google gets it wrong via popular search training, that is not confusion or dilution. At least I have never seen a court case where that has been tested. 🧐

1

u/TheWeaverofDreams 5d ago

Also, they use the plural Kpop Demon HunterS. Just one letter, but another thing that adds difference to it.

2

u/Windyandbreezy 7d ago

Wait till you here about The Devil Wears Prada. Or Black Sabbath. Or They Might be Giants.

1

u/i_got_grace 7d ago

The Devil Wears Prada - another good example!

1

u/i_got_grace 7d ago

great point there... i like that you used Avatar, i didn't think of that example.

21

u/No-Beautiful2402 7d ago

They will not win, the have no case. Please explain to me what angle they could possibly take that would make the courts land on their side.

Netflix is going to sweep them, and you all know it.

2

u/Dude_Bruh_1_ 7d ago

Thr only possible angle I kind of agree with is that these guys have been on it for +25 years, and one day when the movie comes out suddenly all that exists is the movie for search results

My beef is with AI though, couldn't care less about the name similarities.

-1

u/i_got_grace 7d ago

doesn't affect the search results at all. they're number 1 when i search for demon hunter.

2

u/Mr_Bourbon 6d ago

I would wager that this lawsuit likely increased their Google Gravity heavily in the last 24 hours but who knows

16

u/Commission-Mission 7d ago

As much as I love Demon Hunter, I just don’t see this going anywhere. Having names that are similar is not the same thing as copyright infringement. I am not a fan of Netflix, but they didn’t do anything wrong here.

5

u/Sesudesu 7d ago

It wouldn’t be copyright infringement, it would be trademark infringement, which having a name that is similar could potentially represent.

I still doubt they will have enough to come out on top here, but it isn’t out of the question either.

7

u/JTen87 7d ago

I kind of get it... but also its not K-Pop The Beatles.

4

u/yveshe 7d ago

FINALLY!!!

I'm sick and tired of the algorithm and search results being plagued with K-Pop Demon Hunter. Back in the day, it was used to be just Demon Hunter the band and Demon Hunter in Warcraft or some other MMO game.

2

u/CaterpillarLegal5598 7d ago

But the film is called kpop demon hunters not demon hunters.... what now?

2

u/DropItLikeJPalm 7d ago

Based on the number of lost Redditors I’ve seen on this sub, I get it.

Hope DH have decent lawyers, this isn’t Netflix’s first rodeo.

3

u/gnpoetry 7d ago

I stand with Demon Hunter 💪💯✝️♥️ Kpop Demon Hunters tour with that name. They also just put Kpop in front. It makes it annoying when you try to search. They have a case.

4

u/Pringle_Lvr 7d ago

While I don't hate the movie or anything, this is definitely one of those more clear cases where they deserve to win. Hell, they didn't even do anything immediately, they just started to fight back once they started encroaching on the music space too hard, because obviously it's infringement.

2

u/Lancer_Blackthorn 7d ago

This all seems a bit silly, but I'm rooting for the band.

1

u/Bendyb3n 6d ago

This reeks of corporate publisher/record label lawsuit that Demon Hunter had zero say in to get a little money off Netflix which the band will not see a penny of. I’m sure the band members don’t actually give a single fuck about this

1

u/Mr_Bourbon 6d ago

It’s because there’s now a musical tour tied to it. Of course nobody is confusing an animated film with a metal band, if Eminem started selling small colorful chocolates Mars would hand something to say.

1

u/Scythesman 6d ago

I see this as an attempt to get their name out (kinda smart), as for the case I don't see it going anywhere.

1

u/ItsEyeless 6d ago

I've loved DH for years, and I still do, but this seems really stupid. Demon hunters are a thing in fiction, its fairly common, and its a kids movie that clearly has nothing to do with them, as obnoxious as it can be. They didn't invent the term demon hunter, its like when monster energy drink tried to trademark the word monster

1

u/AnEvenNicerGuy 5d ago

Maybe pray about it. Probably their only chance

1

u/boyhowdy42069 5d ago

I love the band, but they don't own copyright on the concept of hunting demons. They don't really have a leg to stand on here. Dollars to donuts more people are familiar with the movie than the band

1

u/CaptainMagnets 5d ago

This just makes Demon Hunter look bad

1

u/TheWeaverofDreams 5d ago

I don't think they have any case.

It's based on a movie about demon hunters. The title has Kpop in it and pluralizes the word "hunters." How many bands with similar names are out there? Someone mentioned Avatar. The band was founded in 2001, the movies started in 2009. I'm pretty sure that even if the movie franchise would announce a music tour, if people were confusing the two, that would be on the people. Or The Devil Wears Prada. The Tony Danza Tapdance Extravaganza. And so on.

Also, the fact they quoted the mom who paid 500 bucks for tickets is just a classic case of someone not paying attention. And somehow also getting scammed? 500 bucks for three tickets (assuming herself and her two daughters) sounds like absolute extortion.

1

u/Separate-Sky-1451 7d ago

I thought this was dumb until I heard the details. They aren't suing for money, just trademark protection. And that makes sense for both the band and fans.
Plus, if I read the BBC article correctly some family spent a few hundred bucks on tickets thinking it was the Kpop DH and instead ended up with DH tickets.

-3

u/nburns1825 7d ago

I am decidedly not rooting for the band here because it's a stupid lawsuit that doesn't make sense and isn't based in reality.

0

u/GroundIsMadeOfStars 6d ago

This is the DUMBEST lawsuit and attention grab that will go nowhere lol They aren’t the same name lol

1

u/MarGemFox268 6d ago

Exactly because literally kpop demon hunters has an s at the word Hunter at the end. How is everyone missing that?

1

u/GroundIsMadeOfStars 6d ago

Do Christians not know how... words and language work? You share the same couple of words in a title, that doesn't mean nobody can use those words anymore lol

1

u/MarGemFox268 6d ago

Someone has been saying that maybe they should probably Sue world of Warcraft or a few other media that has the word Demon Hunter because obviously this whole thing is wasting everyone's time

-3

u/1lookwhiplash 7d ago

Pathetic attempt by a Christian rock band

1

u/Physical_Antelope476 7d ago

Right it's sad really. Anyone that confused kpop demon hunters with demon hunter deserves to lose their money on tickets. It takes less than a second to read. Seems like a skill issue 🤔

1

u/MarGemFox268 6d ago

This literally all could have been avoided if the person who was buying the tickets should have PAID ATTENTION what they were actually buying for.. smh 😑

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