Netflix is facing a lawsuit brought forth by Christian metal band Demon Hunter, who claim the hit film K-Pop Demon Hunters infringed on their trademark rights.
Since the release of K-Pop Demon Hunter, the streaming service has cashed in on its instant popularity from music, merchandise, scheduled sequel installments, and even concert lineups. The success of the film has reportedly led Demon Hunter to file a lawsuit against Netflix over the film overtaking the recognition of the band’s name.
“Defendants’ greater size and strength overwhelms Hyde Lane’s established identity, causing consumers to perceive Hyde Lane as affiliated with, sponsored by, or derived from Defendants and denuding Hyde Lane of power over its commercial fate,” the lawsuit reads, according to Entertainment Weekly.
The lawsuit filed on Tuesday by the band company, Hyde Lane, alleges that Netflix Studios and live promoter AEG Presents have caused “substantial confusion” among the band’s fans and consumers. According to the BBC, the band provided email evidence of someone having spent $500 on concert tickets to see Demon Hunter, under the impression the band was connected to the Netflix film and would be a child-friendly K-Pop event.
Another piece of evidence Demon Hunter provided was a TV producer having reportedly contacted them under the impression they were a K-Pop group. The band has also been incorrectly tagged on social media in posts related to the animated film.
Demon Hunter was formed in 2000 in Seattle, Washington, by brothers Don Clark and Ryan Clark. Since their debut album in 2002, the band has released 13 albums, many of which dominated the Billboard 200 charts. Throughout their career, they’ve headlined countless tours and performed with some of the biggest names in the genre.
A quick Google search of the band and their Billboard hits shows results related to K-Pop Demon Hunters. The band believes that after “decades establishing, cultivating and further investing” in their career, the Netflix film is “annihilating [the band’s] control over its brand identity, goodwill and reputation.”
With the Oscar-winning film soon headed on a world tour, Demon Hunter is asking the courts for injunctive relief that involves “destruction of all infringing materials in Netflix or Netflix Studios’ possession,” as well as damages and legal fees. Netflix has yet to comment on the lawsuit.
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