Dec 8, 2021

ABBA DABBA DON'T

Iconic Swedish pop group ABBA have issued a claim against UK based stage tribute band Abba Mania for alleged “parasitic and bad-faith conduct” relating to trade mark infringement.

ABBA filed the claim at the beginning of the month in the United States following the start of Abba Mania’s stage tour of the country back in October. The issuance of the claim in the States suggests ABBA believe they will have greater success stateside, but questions can be raised as to the enforceability of any action which may be taken by US Courts.

ABBA have alleged Abba Mania use terms such as ‘official’ and ‘original’ in their marketing materials, social media pages and websites, suggesting some kind of association, affiliation or endorsement between the two. ABBA argues Abba Mania do not have written consent to use such terms. ABBA also allege Abba Mania are using ABBA’s goodwill to promote Abba Mania. Abba Mania describe themselves as “the original tribute from London’s West End” on their website.

Abba Mania shows have been staged for over 20 years and only now have Polar Music International, ABBA’s record company, made the decision to take legal action. The claim states representatives for ABBA approached the producers of Abba Mania to resolve the dispute amicably, offering Abba Mania the opportunity to properly use the phrase “Abba Tribute” to describe themselves and their act. But in order to prevent any confusion between the two, ABBA would not allow the name of the tribute to include ‘Abba’. This resolution has been rejected by Abba Mania and it will be interesting to see what defence they seek to run to this claim.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.

in: Case Law, EU/International, Legal News, News, Trade Marks

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