You know you made it to legendary status when someone else tries to bite your style, but for Atlanta hip-hop duo OutKast, trademarking one of their most famous phrases is a line in the sand.
On Aug. 20, Antwan “Big Boi” Patton and Andre “André 3000" Benjamin filed a lawsuit citing trademark infringement against an EDM musical duo that’s apparently been calling themselves “ATLiens” for years. According to the suit obtained by FOX 5, OutKast alleges they invented the word “ATLiens” more than over 30 years ago.
“Before Outkast created it [ATLiens], it was not used in the cultural lexicon and did not exist,” per the lawsuit. “ATLiens” is the name of the lead single and second studio album from Outkast. The 1996 album debuted at number two on the US Billboard 200 chart and is regarded as one of the most iconic albums in ‘90s hip-hop.
The lawsuit lists “ATLiens” as “one of OutKast’s most well-known and well-regarded songs,” and the duo “continues to perform ‘ATLiens’ at nearly all (if not every single one) of its full-length live performances,” the suit said.
Basically, if you know anything about southern hip-hop, then you know just how impactful Outkast and “ATLiens” is to the community. So how did an Atlanta-based EDM group get claim to the name?
Well, back in 2012, the counter group filed a trademark for “ATLiens,” and it wasn’t until recently that OutKast became aware of the clear discrepancy, according to the Rolling Stone. To make matters worse, the lawsuit claims that with the EDM group’s usage of the stylized “ATLiens” paired with their stage costumes, some fans might actually think they’re Big Boi and André 3000.
“The duo comprising defendant performs with masks on, 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,” the lawsuit claims.
Some say the EDM group is simply paying homage to the rap legends, but though OutKast said they tried to resolve the dispute amicably, the EDM duo simply refuses to quit using the name, reports Billboard.
We’ll have to wait and see how everything plays out, but in accordance to trademark rules, usually, the first person to use the term gets priority over whoever files the trademark first, according to the United States Patent and Trademark Office.
In other words, there’s a good chance the courts will side with OutKast because there is clear proof that Big Boi and André 3000 used “ATLiens” decades before the EDM group was even formed.