Christian metal band Demon Hunter has filed a trademark lawsuit in federal court against Netflix over its wildly successful film Kpop Demon Hunters.
Demon Hunter, a Christian metal band that’s been on the scene for about 25 years, has filed a trademark lawsuit in federal court against Netflix over the phenomenally successful film Kpop Demon Hunters.
The band filed its lawsuit in the Central District of California under their company, Hyde Lane, against Netflix, Netflix Studios, and events promoter AEG Presents on Tuesday, August 18. The filing alleges trademark infringement, false designation of origin, and unfair competition.
Netflix’s Kpop Demon Hunters was released last year with an accompanying soundtrack and plenty of branded merchandise. More recently, Netflix filed numerous trademark applications for merch for its recently announced live global concert tour alongside promoter AEG.
According to the lawsuit, the announcement of the live tour saw Netflix move into “almost complete overlap” with the merch and other offerings provided under Hyde Lane’s Demon Hunter name. The band alleges that Netflix’s brand is so similar to Demon Hunter’s established trademark that it has already led to consumer confusion.
The filing asserts that the confusion goes both ways. Consumers may wrongly attribute Netflix’s products to the band, while Netflix’s much larger market presence could confuse consumers into believing the band is somehow affiliated with or derived from the film.
The band provides an example: an email from someone who spent $500 on top-tier tickets to a Demon Hunter concert in New York, mistakenly believing they had purchased tickets for their 5- and 6-year-old daughters to see the Kpop Demon Hunters live show. The person asked for a refund, noting that they would not be able to purchase tickets for the correct show otherwise.
Despite having a much older presence with “decades of invested goodwill,” Hyde Lane asserts that the band has been quickly cast aside by Netflix with its vast funds and much larger footprint.
Hyde Lane is seeking a jury trial and asking the court to restore its “rightful interests” in the Demon Hunter trademark and the goodwill built around it over the past 20 years. Further, they demand that Netflix be prevented from using the Kpop Demon Hunters name and ask for restitution and treble damages.
