Intellectual Property Law

Clothier settles with Eagles singer over 'Don a Henley and Take It Easy' ad

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An outdoor clothing retailer known for its irreverent approach has apologized to Eagles singer Don Henley and made a charitable donation to resolve a California lawsuit over its use of his name for an upscale T-shirt.

An advertisement featuring the slogan “Don a Henley and Take It Easy,” riffing on the title of an early hit by the band, “was inappropriate,” says Duluth Trading Co. on its website. “For that we are deeply regretful and we apologize, not just to Mr. Henley, but to anyone else who took offense. We have learned a valuable lesson and thank Mr. Henley for helping us appreciate the importance that he and other artists place in their publicity rights.”

Henley has tradmarked his name and routinely refuses to allow his persona or music to be used for commercial purposes, reports the Minneapolis Star Tribune.

Scribd provides a copy of the complaint, which was filed last year by Loeb & Loeb on Henley’s behalf against the Wisconsin-based clothier in U.S. District Court for the Central District of California. Exhibits include an image of the offending ad for the shirt.

It isn’t known how much Duluth Trading Co donated to Walden Woods Project to settle the suit. The settlement also includes an agreed permanent injunction that bars the company from using Henley’s name, the Hollywood Reporter notes.

Related coverage:

Hollywood Reporter: “Hollywood Docket: Don Henley Sues; T Rex Bangs; Wyclef Jean Wins”

Wisconsin State Journal: “Eagles’ Don Henley sues Duluth Trading Co., claiming copyright violation”

See also: “All Eagles Star Wants to Do Is Sue Over Senate Candidate’s Alleged Song Misuse” “Republican Candidate Infringed Henley’s Songs in YouTube Ads, Judge Says”

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