METALLICA Wins Chilean Trademark Fight

October 4, 2019

According to Bloomberg Law, METALLICA has won a legal battle with Chilean businessman Horacio Mardones over the graphically and phonetically identical trademark for clothing and footwear registered by him 20 years ago.

Chile's Supreme Court honored the group's request to annul Mardones's trademark. The band in 2012 lost an attempt to oppose Mardones's registration of the brand.

METALLICA argued that Mardones was using the registration "in bad faith," the band's attorney, Ricardo Montero of the firm Silva y Cia, told Bloomberg Law.

METALLICA has clashed with other parties over infringement issues before. In January 1999, the band sued Victoria's Secret after it sold a lipstick line dubbed "Metallica." Then in 2000, METALLICA launched a trademark infringement suit over a perfume called "Metallica," which retailer Neiman Marcus was selling in its stores. Both cases were later settled. Also in 2000, a furniture maker in Waco, Texas said that he got a certified letter from one of METALLICA's lawyers asking him to change the name of his business, Metallika.

At the time, METALLICA's attorney said: "When we find out about things like this, we actively protect the band's trademark rights. It's not like we're trying to protect a name commonly used, like United. It's a unique name."

Nearly four years ago, METALLICA apologized to SANDMAN, a Canadian tribute band that received a cease-and-desist letter from METALLICA's attorney over the use of their name and logo to publicize SANDMAN's shows.

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