Issue No. 057
September 23, 2026
New York
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The IP Briefing · by ESCA Legal
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| Outkast's trademark holding company filed a Georgia federal lawsuit against rapper and producer Silas Wilson, alleging that his Ovrkast stage name infringes the duo's mark and breaches an earlier agreement to adopt a different name. |
| § | High Schoolers LLC, which handles Outkast's name and trademark, filed the complaint on September 16. | | § | The complaint alleges that Ovrkast is likely to cause confusion about an association with André 3000 and Big Boi. | | § | The parties previously agreed that Wilson would phase out Ovrkast and use the name Ovrkxst instead. | | § | Outkast seeks an injunction, destruction of branded materials, profits, damages, and other relief. |
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| Continue reading → |
| § ESCA Takeaway |
| This issue puts the boundaries of recognizable identity in focus. A stage name, a celebrity legacy, a product silhouette, and the feel of a television character can all carry commercial value, but each dispute turns on what the law protects and what remains available for others to use. |
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| More IP Stories |
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| § Trademark · Filed |
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| Shein asked a California federal court to dismiss claims brought by Selena Quintanilla's estate over third-party marketplace listings for merchandise bearing the singer's name, image, and likeness. |
| § | Q Productions and Suzette Quintanilla allege that unauthorized Selena merchandise remained available after Shein received notice. | | § | The estate asserts trademark, false designation, unfair competition, and Texas right-of-publicity claims. | | § | Shein argues that independent merchants created the listings and that its marketplace tools do not amount to direct use of the asserted marks. | | § | The estate also points to Shein's search, payment, and fulfillment functions as grounds for platform liability. |
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Why it matters
The motion tests how trademark and publicity claims apply when a marketplace does more than display a listing. Search visibility, payment processing, fulfillment, and post-notice conduct are central to the parties' competing accounts of the platform's role.
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| Continue reading → |
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| § Trade Dress · Filed |
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| Crocs and Jibbitz filed a Colorado federal lawsuit accusing Five Below of infringing the Classic Clog trade dress, a footwear design patent, and three patents covering systems for attaching decorative charms. |
| § | The complaint targets Five Below's Juniors Charm Clogs, decorative charms, and a novelty shoe purse. | | § | Crocs alleges that the clogs copy source-identifying elements including hole patterns, openings, and a textured band. | | § | Jibbitz asserts patent claims based on how charms attach to molded footwear and how the accused products are sold together. | | § | The plaintiffs seek an injunction, profits, damages, attorney fees, and destruction of allegedly infringing inventory. |
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Why it matters
The complaint shows how a consumer product can be protected through overlapping rights. Crocs relies on trade dress and design patent claims for appearance, while Jibbitz asserts utility patents directed to the way charms and footwear work together.
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QUICK HITS
| § Copyright | HBO sent Jake Paul's Betr a cease-and-desist letter over an advertisement featuring Entourage actors Jeremy Piven and Adrian Grenier. Betr declined to remove the spot and argues that it uses no character names, footage, dialogue, or music from the series. [source] |
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This newsletter is for informational purposes only and does not constitute legal advice. Published by ESCA Legal. Reading it does not create an attorney-client relationship. Attorney advertising; prior results do not guarantee a similar outcome.
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