Bravado, the holder of exclusive rights to the “BILLIE EILISH” mark in connection with tour merchandise, filed a lawsuit against unknown bootleggers in advance of Eilish’s March 19th concert at the TD Garden. Eilish has several pending trademark applications, but does not appear to have any issued registrations. Bravado claims common law trademark rights by way of Eilish’s having played concerts throughout the United States before hundreds of thousands of people. and brings a count for false designation of origin under 15 U.S.C. § 1125(a), rather than common law trademark infringement, thus obtaining federal subject matter jurisdiction. Bravado has appeared in this blog several times previously, filing similar suits in advance of shows by Lady Gaga, Arianna Grande, and Post Malone. As with all of these cases, this case is before Judge Zobel.
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