Atlanta hip-hop group Arrested Development has filed a trademark infringement suit against FOX, Imagine Films Entertainment, Inc. and New World Communications of Atlanta, Inc. over the use of the band's name as the title of a new FOX-TV series. The suit, filed Oct. 16 in Dekalb County Superior Court, alleges that FOX's use of the phrase will dilute the meaning of the band's name in the eyes of its fans.

"FOX has no more right to use 'Arrested Development' for its show than a band would have to name itself after one of FOX's sitcoms," said front man Todd "Speech" Thomas in a statement. "Arrested Development" airs Sunday at 9:30 p.m. ET on the network and stars Jeffrey Tambor, Jason Bateman and Portia de Rossi.

Arrested Development is working on a new album, tentatively titled "Among the Trees," for release in early 2004. It will be the band's first in a decade, following its 1994 sophomore effort "Zingalamaduni" (Chrysalis).

-- Troy Carpenter, N.Y.

---

Tortoise, the Eternals and Hypnotic will headline a Nov. 28 benefit in Chicago for music industry charity Sweet Relief. The show will be held at the intimate Abbey Pub; tickets can be purchased at the venue and at three music stores throughout the Chicago area. For more information, visit Pop-tart.com.

Tortoise's next studio album will be released the first week of April by Thrill Jockey. It's the long-in-the-works follow-up to 2001's "Standards," which debuted at No. 10 on Billboard's Top Independent Albums chart and No. 14 on the Heatseekers tally.

-- Jonathan Cohen, N.Y.

---

Tom Silverman, chairman of Tommy Boy, and Joe Vangieri, president of DJ software company Visiosonic, have partnered to form a download site for dance music, DJ Xpress. The site, which is aimed at DJs, is due to launch in January.

According to Silverman, DJ Xpress will feature new and classic dance tracks from labels around the world. The service will sell each track as a download "MixPac" consisting of any three remixes or versions of one song for $2.79. Each additional version of the same track will cost 99 cents.

Silverman tells Billboard the distribution model aims to replace declining 12-inch vinyl sales. The model will offer dance labels higher profits, with no new out-of-pocket costs and no returns. "Hopefully, DJ Xpress will change the economics of the dance music market -- and labels will again make money," he says.

-- Michael Paoletta, N.Y.