Don Henley, singer and drummer of the Eagles, filed a lawsuit against clothing company Duluth Trading Co., claiming the company referenced his name and song title without seeking a license to do so.
Duluth Trading Co. sent out an email advertisement for its Henley-style t-shirt with the slogan, “Don a Henley and Take it Easy.” Henley wanted the company to discontinue using his name, and sought damages and other appropriate relief. Henley and the other Eagles have been defending their names, trademarks, and other intellectual property rights for years.
Henley’s rep, Larry Solters, stated, “One would think that the people in charge of marketing for these corporations would have learned by now that U.S. law forbids trading on the name of a celebrity without permission from that celebrity. Both Mr. Henley and the Eagles have worked hard, for over 40 years, to build their names and goodwill in the world community. They pride themselves on the fact that they have never allowed their names, likenesses or music- individually or as a group- to be used to sell products. Their names are their trademarks and, therefore, they take offense when an individual or a business tries to piggyback and capitalize on their art, their hard work and their goodwill in the public arena.”
The case was settled, and Duluth Trading Co. was ordered to pay damages. Henley requested that the money be donated to Walden Wood Project, his charity devoted to preserving the works of Henry David Thoreau. Duluth Trading Co. issued the following apology: “We pushed the advertising envelope too far. We are deeply regretful and we apologize, not just to Mr. Henley, but to anyone else who took offense.”
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