Jul 22, 2022

Battle Rap

American rapper Six9 has issued proceedings against New York based rapper Daniel Hernandez, known professionally as 6ix9ine.Six9 has alleged trade mark infringement and unfair competition in the New York federal court.

Warren Hamilton claims to have been performing and releasing music under the pseudonym Six9 since 2007. In 2014, Daniel Hernandez began releasing music until the name Tekashi69 before rebranding under the name 6ix9ine. Six9 claims 6ix9ine rebranded as a result of pleading guilty to charges of “using a child in a sexual performance”.

Six9 claims that as a result of this rebranding, the pair were essentially performing under the same name, phonetically. Six9 claims his career has been injured and stifled as a result of this. Six9 claims many rap and hip hop consumers have attended his performances thinking 6ix9ine was going to be there. This has resulted in many disappointed fans at the live performances of Six9.

To make matters worse for Six9, he failed to provide the necessary paperwork to the US Patent and Trade Mark Office in 2021, which has resulted in his trade mark being cancelled. As a result, 6ix9ine is seeking to overcome the USPTO previous grounds for rejection for his own trade mark “6ix9ine”, with his lawyer claiming confusion no longer exists.

This case confirms the importance of filing necessary documents at the trade mark office when seeking to maintain a trade mark. It is to be seen if Six9 will be allowed to restore his trade mark to the register.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 291 4000 or legal@mcdanielslaw.com.

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

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