Mess with the “Rap Devil,” be prepared to feel its horns. Indie rocker Machine Gun Kelly is attempting to stick it to Fox Media in a new trademark lawsuit filed by his attorney. The “Emo Girl” musician has seen his fair share of musical beef, including a brief online spat with iconic metal band Slipknot, but his latest squabble is quietly being fought in the courtroom.
In documents obtained by Billboard, attorneys representing Machine Gun Kelly have attempted to block the television network’s trademark application for the term “diablo.” Although the term is considered extremely common, Kelly’s representative claim the network’s planned use of the term was “confusingly similar in overall commercial impression” to the musician’s album title.
The album in question, Hotel Diablo, was released in July 2019. The musician seemingly retaliated after the network squashed Kelly’s application seeking to register the album’s title late in 2020. In June 2020, the network filed its initial application for the trademark.
While Fox Media wishes to use its trademark to protect the name of a character in its series, HouseBroken, Kelly desires to release merchandise with the term.
HouseBroken, now in its second season, is slowly beginning to catch steam which Fox Media wants to capitalize on by selling a wide range of goods “in connection with an animated, dog-like character,” voiced by actor Tony Hale.
Beginning on Tuesday, December 13, the federal trademark office began hearing agreements on the matter. Kelly’s lawyers are claiming “priority of use,” as their application was filed six months before Fox News. Kelly’s defense for the case states, “Because of the similarity between the ‘DIABLO’ Mark and the ‘HOTEL DIABLO’ Mark, and because the goods covered under the ‘DIABLO’ Application are related to the goods sold under the ‘HOTEL DIABLO’ Mark, consumers are likely to be confused, mistaken, or deceived into believing that Kelly’s goods originate with Fox Media or are in some way associated with or connected, sponsored, or authorized by Fox Media.”
The case is currently being reviewed by the Trademark Trial and Appeal Board, where a final decision will be made.
View the full legal motion below.
