High Schoolers LLC—the trademark holding company of Outkast’s André 3000 and Big Boi—have filed a lawsuit against ATLiens Touring, Inc. for improper, willful, unauthorized and illegal use and registration of the ATLIENS mark.
According to court documents obtained by AllHipHop, “the defendant has and continues to sell tickets to concerts and give live performances in this state and District, with its next show being at the Coca-Cola Roxy Theater in Atlanta, Georgia on February 15, 2025. Defendant also advertises, offers for sale and sells products to consumers in this state and in this District though its interactive website, including merchandise bearing the ATLIENS mark.”
The lawsuit goes on to explain “the word ATLIENS was invented by Outkast. Before Outkast created it, it was not used in the cultural lexicon and did not exist.” It also outlines the success of ATLiens (1996), Outkast’s sophomore album, and subsequent works that employs the “ATLiens” name.
“In addition to the studio album ATLiens and the song ‘ATLiens,’ Plaintiff has used the ATLIENS mark as the title of a number of other distinct musical recordings,” the docs continue. “By way of example, but not necessarily limitation: (i) an album version of the ‘ATLiens’ song was featured on the ‘ATLiens/Wheelz of Steel’ CD Single; (ii) both an album version and an instrumental version of the ‘ATLiens’ song was featured on a M### Single.
“(iii) three remixes, a ‘Bad Boy Remix,’ a ‘Bad Boy Instrumental’ and a ‘Bad Boy Alternative Mix’ of the ‘ATLiens’ song were featured on a Remix CD single; (iv) a clean version, album version, album instrumental and album acapella version of the ‘ATLiens’ song were featured on a 12′ Vinyl Single; and (v) ‘ATLiens’ was used on promo albums distributed by LaFace Records.”
Elsewhere in the 38-page doc, it explains, “Plaintiff is also the owner of all right, title and interest in and to the following United States Trademark and Service Mark Applications for its mark ATLIENS, which are presently valid and subsisting in law.”
It continues, “Many years after Plaintiff commenced use of the ATLIENS mark as a trademark and service mark, many years after Plaintiff acquired common law rights in the ATLIENS mark, many years after Plaintiff commenced use of its ATLIENS mark in a manner analogous to trademark or service mark use, and many years after the ATLIENS mark became famous and inextricably associated with OUTKAST, Defendant formed an electronic dance music (“EDM”) duo in Atlanta, Georgia.
“Upon information and belief, Defendant selected the name ATLIENS for their EDM duo to trade upon the tremendous fame and goodwill associated with Plaintiff’s ATLIENS album, song, and mark, or, at a minimum, to call to consumers’ minds Plaintiff’s famous ATLIENS album, song, and mark.”
Outkast and their legal team, Barnes & Thornburg LLC, want the EDM duo to be “permanently enjoined and restrained from, directly or indirectly” using the name in any way. They also want the U.S. Service Mark Registration No. 6,136,315 to be cancelled and to collect compensatory, incidental and consequential damages.
Other demands include: “That the Defendant be required to account for and pay to Plaintiff all gains, profits, and advantages derived by it from the unlawful activities alleged herein” and “That the Defendant be required to pay enhanced, trebled, and/or punitive damages because of the willful and unlawful acts as alleged herein.”
They’re asking for their legal fees to be paid for, as well, and that the EDM duo be required to remove any and all online use of the ATLIENS mark, including via any of its websites, social media accounts or otherwise.”
