An American retail chain is fighting back against a cease-and-desist letter it got from Universal Music Group’s merch company Bravado.
Simply Southern said in a lawsuit filed Wednesday in a federal court in North Carolina that it was slapped with a legal threat on March 1 over T-shirts it sells emblazoned with a “disembodied mouth” that Bravado claimed is “confusingly similar” to the iconic Rolling Stones logo.
The retailer wants a judge’s declaration that it has not “infringed the copyrights, trademarks or other related rights” of Bravado.
In its statement of claim, Simply Southern said the two designs are “clearly and demonstrably different” than the logo the Stones have used for more than five decades.
“There are countless ways to depict a human mouth,” the company argued. “The images can also be seen as artistic comments upon prior depictions of mouths in pop culture.”
Simply Southern said it is no longer selling the T-shirts.
Bravado has not commented on the filing, which does not name the Rolling Stones as defendants.
Simply Southern's designs (left & centre); The Rolling Stones design (right)