Perhaps it’s a case of, if you let one get away with it they’ll all try it. Don Henley is suing clothing maker Duluth Trading Co. over an ad for their Henley t-shirt. Now a Henley t-shirt is a men’s collarless pullover so Don doesn’t own the rights to that name. But he may still have a case because in their ad they used a clever play on words…
“Don a Henley and Take It Easy”
First of all Don doesn’t sing that Eagles song Glenn Frey does and it was written by Jackson Browne. But besides that, Don Henley doesn’t like them using his name without getting permission. The lawsuit claims the ad is a misrepresentation of his name and may cause confusion among customers who might think the musician is involved with the company.
A spokesperson says “This kind of thing happens with some degree of frequency and the members of the Eagles always defend their rights, often at great expense”. “Both Mr. Henley and the Eagles have worked hard, for over 40 years, to build their names and goodwill in the world community”. “They pride themselves on the fact that they have never allowed their names, likenesses or music — individually or as a group — to be used to sell products. Their names are their trademarks and, therefore, they take offense when an individual or a business tries to piggyback and capitalize on their art, their hard work and their goodwill in the public arena.”
The lawsuit seeks to stop the company from using his name and is seeking “damages and other appropriate relief.”
What do you think? Should he let it go or does he have every right to prevent others from making money off his fame without permission?