Jelly Roll is facing a trademark infringement lawsuit brought by the leader of a Pennsylvania-based band that has performed at weddings and charity events under the name Jellyroll since 1980.
The suit (highlighted in Court Watch newsletter) was filed by Kurt L. Titchenell, who seeks relief against Jelly Roll to effectively prevent him from using the name in the future. Titchenell's suit claims his band first used the name Jellyroll before March 9, 1980, and obtained a trademark on August 17, 2010, which was most recently renewed on December 26, 2019.
Over the decades, Jellyroll (the band) regularly played private and public events around the Northeast and Delaware Valley. In 2007 they even won one invitation to play at the White House after one of former President George W. Bush's daughters saw them perform at a country club in Delaware. (First Lady Laura Bush liked them so much, she asked the band to play her 44th high school reunion the following year.)
As for Jelly Roll, the country star, the suit acknowledges that he began releasing music under that name around 2010 and that his mother used “Jelly Roll” as a nickname for him growing up. But the suit ultimately argues that Jelly Roll's rise in popularity in recent years has limited Jellyroll's ability to get its name out there and caused “marketplace confusion.”
“Prior to Defendant's recent rise in notoriety, a search of Jellyroll's name on most search engines, and particularly Google, returned references to Plaintiff,” the suit alleges. “Now, any such Google search returns multiple references to Defendant, perhaps as many as 18-20 references before any reference to Plaintiff's dance entertainment group known as Jellyroll® is found.”
Titchenell's lawyers sent Jelly Roll a cease-and-desist letter in February, and two days later, Jelly Roll's lawyers responded. The suit alleges that “numerous conversations” ensued, and at one point, one of Jelly Roll's attorneys “asked if the Defendant was really in competition with the Plaintiff.”
The lawsuit goes on to claim that not only did Jelly Roll and his lawyers ignore the cease and desist attorney, but not long after, Jelly Roll announced a tour that included several shows in the Northeast. Highlighting Jelly Roll's October show in Philadelphia, the suit alleges, “All of this marketing has used defendant Jelly Roll's professionally adopted and infringing name in these efforts.”
A representative for Jelly Roll did not immediately return a call Rolling rockhis request for comment.
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