A California-based music group is taking legal action against a network of online counterfeiters, alleging widespread trademark infringement. The complaint was filed by Deftones, a California general partnership, in the United States District Court for the Northern District of Illinois on September 27, 2024. The defendants are various partnerships and unincorporated associations identified on an attached schedule.
Deftones, known for their genre-defying sound and influential presence in the metal music scene since 1988, have taken this step to protect their brand and consumers from counterfeit products. The band claims that the defendants are operating e-commerce stores under aliases to sell unauthorized merchandise bearing counterfeit versions of Deftones' federally registered trademark. According to the complaint, these actions have caused consumer confusion and diluted the value of Deftones' brand. "Defendants take advantage of anonymity and international borders to violate Plaintiff's intellectual property rights with impunity," states the complaint.
The plaintiff outlines that they have built substantial goodwill around their trademark through years of use and extensive marketing efforts. Deftones-branded products, including apparel and other merchandise, are distributed through authorized channels such as their official store. However, the defendants allegedly exploit platforms like Amazon, Temu, and Walmart to market counterfeit goods without authorization. This not only misleads consumers but also impacts the legitimate sales and reputation of Deftones' products.
Deftones seeks both injunctive relief to prevent further sales of unauthorized products and monetary damages for losses incurred due to these activities. They request that any profits made by the defendants from these unlawful acts be accounted for and paid to them. Additionally, they seek statutory damages up to $2 million per infringement under U.S.C § 1117(c)(2), along with attorney fees and costs associated with pursuing this case.
Representing Deftones in this matter are attorneys Martin F. Trainor, Sydney Fenton, and Alexander Whang from TME Law P.C., based in Chicago. The case has been assigned Case No. 24-cv-09073 in front of judges yet unnamed.