Donald Trump Tries To Spook FIGHT CLVB; It Backfires
Mar. 8, 2016 (Mimesis Law) — As the political season has ramped up, so have the sensitivities of Republican Party front-runner Donald Trump. In his latest legal imbroglio, Trump sent a cease & desist letter to electro music group FIGHT CLVB on February 20 for using his name and likeness in a song and music video.
Before we continue, let’s all take a moment to take in the masterpiece of a music video FIGHT CLVB has constructed (Somewhat NSFW):
In his letter, Trump claims that his trademark rights are being infringed upon by the use of his name and likeness in the song and music video. He demands, firstly, that FIGHT CLVB takedown the video from the internet and delivery of all existing materials relating to the song; secondly, the removal of the song from all online marketplaces; and thirdly, to be confirmed in writing, the complete cessation of references to Trump in future projects.
After speaking to their legal team, FIGHT CLVB released a video on their Facebook page vowing to stand by their work, denouncing the action a “scare tactic”. FIGHT CLVB explains that while Donald Trump is a public figure and therefore the use of his name is permitted, the use of the images depicting Trump are arguably using his likeness because the photos may belong to Trump himself and/or other copyright holders.
That being true, Trump would have a difficult time following through with the action as to my knowledge he has entered into many endeavors but a venture into the music space has not been one (could you imagine, though?). This begs the question of how customer confusion could occur as there is no common marketplace where Trump and FIGHT CLVB coexist.
Moreover, as FIGHT CLVB assert in their video, they are not “greedy fucks” and had intended to use the revenue generated from the song to fund an Anti-Trump campaign. They have since posted their response to the cease and desist letter unequivocally stating that hell will have to freeze over before they give in to Trump’s demands.
It will remain to be seen whether Trump will respond and assert his “rights”. However, seeing as several artists have used his name and likeness in similar ways in the past – and most likely will continue to do so in the future – he does not have a very strong case for himself. If anything, all he has achieved is catapulting FIGHT CLVB and their epic track into the public eye.