Metallica filed a trademark infringement suit against
perfume manufacturer Guerlain and the upscale
department stores Neiman-Marcus and Bergdorf
Goodman on Friday (Dec. 8) in U.S. District Court for
the Central District of California.
The band, which is also suing for false designation of
origin, dilution, unfair competition, and injury to
business reputation, is claiming that there is consumer
confusion over the use of the Metallica moniker as the name of a vanilla-scented
perfume sold by the stores and made by the French company Guerlain.
The suit states, "Defendants' use in commerce of the mark
Metallica for perfume has caused confusion and is likely to
continue to cause confusion, deception, and mistake in the
minds of the public with respect to the source and origin of
defendants' goods, in that the public will believe that plaintiff is
the source of origin of such goods, is affiliated with defendants,
and/or defendants' goods, or has sponsored, approved, or
licensed defendants' use of the mark Metallica and/or
defendants' goods offered under such mark."
Metallica settled a similar lawsuit in January against Victoria's
Secret over a line of lip pencils that used the Metallica name