A Los Angeles company has filed a federal lawsuit against entities that sell bootleg merchandise in advance of two upcoming Metallica concerts in St. Louis.
Merch Traffic filed its complaint October 26 in federal court against as-yet unknown defendants ABC Company and various John Does and Jane Does. It says their true names and capacities will be added when they are learned.
According to the complaint, Merch Traffic manufactures, distributes and sells various type of merchandize at concerts and retail stores for musical performers, such as Metallica. The merchandise includes tour books, t-shirts, jerseys, sweatshirts, hats, buttons and posters that include trademarks, service marks, likenesses, logos and other indicia of musical performers.
Metallica is scheduled to perform at The Dome at America’s Center on November 3 and November 5.
“Defendants … will sell and distribute unauthorized infringing t-shirts, jerseys, caps and/or other merchandise bearing any and all of the group’s trademarks at and in the vicinity of the concerts before, during and after the performance and at subsequent concerts during the tour,” the complaint states. “The tour has begun and so have defendants’ infringing activities.”
The plaintiff says the merchandise looks similar to the plaintiff’s official merchandise and “is likely to cause confusion among prospective purchasers.” It also says the defendants are likely to cause the public to believe such merchandise is authorized by the band and plaintiff.
“Defendants’ infringing merchandise is not authorized by the group (Metallica) or plaintiff (Merch Traffic),” the complaint states. “Further, the infringing merchandise sold and to be sold by defendants is generally of inferior quality.
“The sale of such merchandise has injured and is likely to injure the reputation of the group which has developed by virtue of the group’s public performances and the reputation for high quality associated with plaintiff and authorized tour merchandise.”
The plaintiff accuses the defendants of trademark infringement and violation of the Lanham Act, which is primary federal trademark statute.
Merch Traffic seeks to have the defendants enjoined from manufacturing, distributing, selling and advertising any of the goods in question. It also seeks to have law enforcement seize all infringing merchandise and for the defendants to deliver infringing merchandise for destruction. It also seeks compensatory damages, court costs, attorney fees and other relief.
The plaintiff is being represented by Britton L. St. Onge of St. Louis and Cara R. Burns of Mims Kaplan Burns & Garretson of Laguna Niguel, Calif.
U.S. District Court for the Eastern District of Missouri case number 4:23-cv-01349