November 19, 2018
Originally posted 2018-07-09 1:03:49
By Christina Severino | amdlawgroup.com
Last week, clothing company Duluth Trading Company was sued by former Eagles band mate Don Henley. In his complaint, Henley alleges that Duluth failed to obtain licensing rights to use Henley’s name in one of its email ads. The email advertisement was for a Duluth Henley t-shirt, and included the description, “Don a Henley and Take It Easy,” in the body of the email. In Henley’s complaint, he asserts that Duluth has infringed on both his name and likeness, in addition to an Eagle’s song titled, “Take It Easy.”
This lawsuit is all too common for Henley and the Eagles, who have been actively defending their name and likeness during the span of their careers, both as individuals and as a band. Henley sued a band (Okkervil River) earlier this year claiming that the band recorded Henley’s “The End of Innocence,” without his permission, and did so while rewriting his original lyrics and later distributing the recording online for free. Okkervil River’s reasoning for changing the song was that the original did not reflect the theme of “despair at the end,” and that the last verse was changed to work, “through that feeling of despair”.
The Eagles have been a household name in the realm of classic rock for over 40 years. Although this type of situation is fairly common in the marketing industry, it is still unacceptable. Since Henley’s complaint was filed, a spokesperson of Duluth responded but provided no details as to how the company will proceed going forward. Henley is asking for “damages and other appropriate relief.”
Below is an image of the email advertisement: