Do 5 Seconds of Summer Have a Legal Issue on Their Hands?
Is the band’s hash mark a universal symbol -- or a lawsuit waiting to happen?
The hash-mark logo adopted by pop-rock sensation 5 Seconds of Summer looks an awful lot like the one used since 2001 by the streetwear label Undefeated. But legal experts doubt any claim of infringement would fly in court. “It all boils down to the likelihood of confusion,” says attorney Martin Schwimmer, who runs The Trademark Blog. “If it can confuse a consumer, there might be a case.”
Of course, few who go searching for sneakers or workout gear are going to accidentally buy a 5SOS tee. So … case closed.
This article first appeared in the Aug. 16th issue of Billboard.