Nagra the audio company vs. Tanagra the band - another Monster vs. Blue Jeans?

[acidbasement]

Portland-based power metal band Tanagra is having a fire sale on all their recordings (they just put out an extremely well-received album) and merch following a trademark dispute filed against them by the Swiss audio company Nagra. 

This seems frivolous AF but what do I know? Can any bearded lawyer types like @Voltron weigh in on what would be involved in disputing the dispute? I have a hard time imagining that a judge would side with Nagra on this but it seems like the band has no interest in spending the cash to fight it.

vs.

 

Their press release:

It's David vs Goliath!
Portland’s Tanagra Forced To Liquidate Merch Following Trademark Dispute From Swiss Speaker Company Nagra

Tanagra (Portland, USA) has had a bittersweet start to 2020 with the revelation that a Swiss company was filling a trademark dispute. This news comes a few weeks after they were voted on Reddit.com as having the best power metal album of the year for their 2019 full length "Meridiem".

"It's pretty funny that one week we're getting AoY on Reddit and the next we're being nuked from orbit by a company we've never heard of. Regardless of what happens with the trademark dispute, we have to assume that when it's over we'll get a cease-and-desist and be dead in the water; We'd exist at the behest of a foreign company who obviously couldn't give a damn about us, and that's no way to live.” says bassist Erich Ulmer.

The contesting entity, Nagra, is an audio company based in Switzerland, which is opposing the portion of Tanagra’s application to trademark the band name that involves selling branded merchandise and performing live under the moniker.

The proceedings went live as of Monday, January 20, 2020, but the prog/power metal quintet is not looking to fight an uphill legal battle, instead, they are looking to unload as much merch as they can while they still can. As Ulmer explains:

“Rather than sit on our physical albums and shirts we're changing everything to 'pay what you want' plus shipping. We have hundreds of copies ‘Meridiem’ and ‘None of This is Real’ that will be unsellable soon and we'd rather have them in the hands of metalheads around the world. This is a small piece of history and it's likely we'll never be able to print under this name again!”

Tanagra merch is available exclusively on their Bandcamp, through which fans will also be able to join the mailing list for updates on the band’s future, member’s side projects and any name changes.

https://tanagraband.bandcamp.com/

Public Links to Fillings:

http://ttabvue.uspto.gov/ttabvue/v?pno=91253546&pty=OPP&eno=1&fbclid=IwAR0SFrypMUSpAbDsxS2d2l6PvVbGOjZwokdul90jOB-BcqLy3X07H_uoyEQ

http://ttabvue.uspto.gov/ttabvue/v?pno=91253546&pty=OPP&eno=2&fbclid=IwAR3gYzAA2zdbSMBcTcM6ybJSbOWTf7O4JhvtVPE_K6KIStgDRF64Zry5O2o

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Edited January 23, 2020 by acidbasement

[Voltron]

I don't have all the details, of course, but it seems the only thing that has happened so far is that Nagra filed an opposition to Tanagra's trademark application covering its name in connection with CD sales and related business. It has nothing to do with the logos from what I can see.

It is pretty standard practice for trademark holders to file oppositions to applications that might infringe on theirs to test the issue and to prove that they are protecting their rights. Sometimes, the trademark holder is really just trying to make sure the junior user of a potentially similar mark doesn't get rights to use a potentially confusingly similar mark in the same areas of commerce -- in order to prevent confusion and coexist. The applicant doesn't have to do much to respond to the opposition and the trademark office will make a ruling. I'm not sure how the trademark office will react but there is at least a colorable basis for the opposition.

Without all the details, I think that the band's reaction is bizarre and unnecessary. The trademark office action is not decided and they make clear that Nagra had not even sent any kind of cease and desist demand. My cynical lawyer mind wonders whether the band is taking advantage of the situation to get some press, sell some CDs and shwag, and then maybe change their name while they have some notoriety. Regardless of the band's intentions, I don't think this case is similar at this point to Monster Cable vs. Blue Jeans but it could go there if the band doesn't cave and then Nagra overreaches.

[acidbasement]

15 minutes ago, Voltron said:

 

Without all the details, I think that the band's reaction is bizarre and unnecessary. 

That was my thought as well. I suspect they panicked and maybe got some horrible legal advice from someone.

[acidbasement]

Nagra posted a response to the controversy on FB, saying that they've never heard of the band, and they're going to talk to their parent company to make sure no further action is taken. So that's that. 

[Voltron]

Nice

[emelius]

it's a good thing...I hear Tanagra is represented by the law offices of Darmok & Jalad...