Durantula Lawsuit: Chicago Musician Sues NBA StarBy: WebProNews Staff - June 22, 2012
The Durantula Lawsuit may sound like an insanely rotten movie you’re likely to find on Cinemax in the middle of the night, but, believe it or not, it’s actually a real thing. Chicago musician Mark Durante, who has played with the industrial bands KMFDM and The Revolting Cocks, among others, has filed a suit in federal court against Oklahoma City Thunder star Kevin Durant. According to the Chicago Sun-Times, Durante feels that Durant is misleading consumers by utilizing the term Durantula, which the guitarist trademarked back in 1993.
Durant, along with Nike and Panini trading cards, have been using the word on numerous products, including shoes, signed photos, and cartoon characters. Durante states that this is clearly confusing and misleading to consumers, particularly since the musician has released two solo albums, as well as numerous promotional items, which utilize “Durantula” over the past 19 years. What’s more, Durante has owned and operated Durantula.com for nearly a decade. Not surprisingly, he’s a little miffed about the NBA star’s usage of the term.
“Due to a licensing and promotional campaign marketing which has flooded the marketplace with references to Kevin Durant as DURANTULA, Defendants have nearly consumed Plaintiff Mark Durante’s valuable, hard-earned identity which he has been cultivating and developing for nearly two decades,” the lawsuit states.
Herein lies the problem: According to several people I’ve spoken with regarding the claim, including FOX 23’s Ron Terrell, Durant has never officially used the term himself. In fact, his fans are the ones credited with using “durantula” in reference to the player, which means Durante may have trouble getting the lawsuit to stick. This road keeps getting bumpier.
As of this writing, neither Kevin Durant nor Nike has commented on the lawsuit. However, as The Inquisitor points out, the veteran guitarist may have some trouble keeping his trademark, as musicians and athletes are not in direct competition with one another.