FKA Twigs Battles Indie Band 'The Twigs' Over Trademark Dispute: "Weaponizing" Trademark Law?
FKA Twigs is embroiled in a legal battle with an indie band called The Twigs, accusing them of exploiting trademark law for financial gain after repeated cease-and-desist letters.
FKA Twigs has initiated legal action against an indie band, The Twigs, alleging that the band has repeatedly threatened legal action over their similar names. The suit accuses the duo of "weaponizing" trademark law in an attempt to extract a "seven-figure payout."
The British singer, born Tahliah Barnett, claims that twin sisters Laura Good and Linda Good have been sending cease-and-desist letters, threatening a court injunction to prevent Barnett from using her stage name unless they receive a substantial payment.
FKA Twigs' legal team argues that The Twigs have been aware of FKA's name for over a decade and should not be allowed to hold it hostage now.
"Defendants’ attempts to weaponize these barred and unmeritorious trademark claims … in order to disrupt Barnett’s over-a-decade-long, uninterrupted use of the FKA Twigs mark for defendants’ own gain … are improper and must cease," her lawyers stated.
This legal move follows the launch of FKA Twigs' global Body High Tour. This dispute isn't new; The Goods, who have used their name since the 1990s, previously sued the singer for trademark infringement back in 2014. The case was dropped after a judge denied the band's request for a restraining order.
According to the new court filings, FKA Twigs' attorneys claim that after the initial case was withdrawn, The Twigs remained silent for years, only to resurface with cease-and-desist letters in May 2024.
"For approximately 10 years thereafter, defendants neither contacted Barnett nor challenged her use of FKA Twigs, fully acquiescing to such use," her lawyers write. "In the face of defendants’ silence during those 10 years, Barnett invested extraordinary time, effort and resources building a successful career and brand under the FKA Twigs name."
Beyond the issue of the delay, FKA Twigs argues that the band's accusations are fundamentally flawed, as there is no actual trademark infringement.
To demonstrate trademark violation, it must be proven that consumers are likely to confuse the two brands. FKA Twigs' legal team asserts that it is "inconceivable" that listeners would confuse an indie band with "limited recognition" with a "globally recognized music artist."
"In the more than a decade that Barnett and Defendants have co-existed, there is not a shred of credible evidence of actual confusion between their respective offerings," FKA's lawyers write. "That is unsurprising. The parties operate in entirely different commercial ecosystems."
In a pointed comparison, FKA's lawyers highlighted the artist's 3.2 million monthly Spotify listeners and over 300 million YouTube views, contrasting them with The Twigs' 67 YouTube subscribers, 19,332 views, 705 Instagram followers, and 25 monthly Spotify listeners.
Reps for both sides did not immediately return requests for comment.
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