In a trademark fight over 'kraftwerk,' who has the power?
Get out the German translation dictionary, because Ralf Hütter has met a machine where co-existence raises a novel legal issue. On Monday (March 9), the Kraftwerk co-founder and frontman filed a trademark infringement lawsuit against eZelleron Inc., the makers of an energy supply unit for mobile electronic devices.
As the leader of electro-pop pioneers Kraftwerk, Hütter is arguably one of the most influential musicians living today. Long before Daft Punk and deadmau5 were on the electronic dance scene, Hu?tter's outfit was combining classical minimalism with melodic pop to the groove of a robotic future. Albums like 'Trans-Europe Express', 'Man-Machine ' and 'Computer World' are in the pantheon, leading the group to be honored with a Grammy lifetime achievement award last year.
Meanwhile, the Dresdon-based eZelleron has been taking advantage of fuel cell technologyto raise more than $1.5 million on Kickstarter for a portable power plant that it says can be recharged within seconds and provide weeks of charge for iPhones, tablets and GoPro cameras. Written up in many tech publications, the tech product is called "Kraftwerk."
That doesn't sit well with Hu?tter, who owns a trademark registration on "Kraftwerk" that covers quite a bit of territory. For example, they have video data and optical data in the field of music entertainment covered.
"Defendant is taking advance orders for the KRAFTWERK charging device," states the complaint filed in Delaware federal court. "Therefore, consumers are likely to assume that there is a connection, association, or relationship between the famous electronic Music band and a charger for portable musical-playing devices."
Here's the potential systems error: In German, Kraftwerk translates as "power station."
That arguably makes it descriptive, meaning Hütter will have to show secondary meaning. Fortunately for Hütter, most Americans don't know German. But can Hütter get online service providers and fundraising platforms to remove references to eZelleron's Kraftwerk? That's what he and his attorney Jamie Edmonson at Venable are demanding. Will that break the online machine? Cue the looped drum roll. (Bron: Billboard.com)