Outkast are suing the EDM duo ATLiens for trademark infringement of their 1996 second album of the same name.
André 3000 and Big Boi's trademark holding company High Schoolers LLC filed a federal lawsuit claiming the iconic Atlanta hip-hop group coined "ATLiens", which they've held a trademark for since 1996, and the masked EDM pair, also from Atlanta, are using the trademark without permission, Pitchfork reports. The EDM ATLiens registered their name with the US patent office as a service mark in 2020, according to Rolling Stone.
"Apart from their use of the identical mark, ATLiens, the similarities between the Plaintiff and Defendant are substantial", the filing reads (via Rolling Stone). "For example, both are duos from Atlanta, Georgia, both perform and record music in related musical genres (hip-hop/R&B and EDM), and both have promoted their music, live performances, and related goods and services using space and/or alien-themed imagery." The filing also highlights the EDM duo's use of masks as a sore point: "thereby concealing their identities such that consumers will mistakenly believe that the members of Defendant are one and the same with — or at least somehow connected to — Plaintiff".
In a statement to Pitchfork, High Schoolers LLC attorneys Abigail J. Remore and Peter E. Nussbaum said, "This is a basic brand protection issue. Efforts to resolve this matter amicably were unfortunately unsuccessful and Outkast therefore had to file suit in order to protect the valuable name and trademark ATLIENS that it created and has continuously used for nearly 30 years.”
ATLiens, the EDM group, do not appear to have publicly commented on Outkast's legal filing.
Outkast, who marked 'ATLiens'' 25th anniversary with a special quadruple-LP box set in 2021, haven't released an album as a group since 2006's 'Idlewild' soundtrack. As solo artists, André 3000 released a flute-focused album, titled 'I Swear, I Really Wanted To Make A 'Rap' Album But This Is Literally The Way The Wind Blew Me This Time', last November, and 'The Big Sleepover', Big Boi's joint LP with Sleepy Brown, was released in 2021.