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 A federal judge rejected Beyoncé's request for a permanent
injunction to stop a Texas company catering to people engaged to
be married from selling dozens of shirts, tank tops, hoodies and
other items bearing the name "Feyoncé."
The pop superstar complained in a lawsuit brought in April 2016
that Feyonce Inc's sale of knockoffs infringed her trademark
rights and would confuse consumers.
But in a decision issued on Monday, U.S. District Judge Alison
Nathan in Manhattan said San Antonio-based Feyonce's choice to
capitalize off the "exceedingly famous" Beyoncé trademark did
not mean confusion would follow.
"A rational jury might or might not conclude that the pun here
is sufficient to dispel any confusion among the purchasing
public," she wrote.
Lawyers for Beyoncé did not immediately respond to requests for
comment, nor did the people behind Feyoncé, Andre Maurice and
Leana Lopez, who represented themselves.
Nathan said that by replacing the "B" in Beyoncé with an "F,"
the defendants created a mark that sounds like "fiancé," their
core customer, in a "play on words" that could dispel confusion.
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One of the Feyoncé items in dispute was a mug with the phrase "he
put a ring on it," which Beyoncé said was intended to recall the
lyrics of her song "Single Ladies."
The judge found the dispute similar to a 1993 case where the federal
appeals court in Chicago ruled against Nike Inc over apparel from
Just Did It Enterprises that bore a "swoosh" logo and the word
"Mike."
Consumers, that court found, might get the point after an initial
look.
"Many purchasers of Feyoncé products are, in fact, engaged, just as
many Mike product purchasers were named Mike," Nathan wrote. "Viewed
in the light most favorable to defendants, this evidence suggests
that consumers are understanding the pun, rather than confusing the
brands."
Nathan ordered both sides to discuss a possible settlement and trial
dates, and scheduled a Nov. 1 status conference. Her decision is
dated Sept. 30.
Beyonce, 37, is married to rapper Jay Z, and has won Grammy awards
as a solo artist and with Destiny's Child.
The case is Knowles-Carter et al v. Maurice et al, U.S. District
Court, Southern District of New York, No. 16-02532.
(Reporting by Jonathan Stempel in New York; Editing by Steve
Orlofsky)
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