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Durantula Lawsuit: Chicago Musician Sues NBA Star

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Durantula Lawsuit: Chicago Musician Sues NBA Star
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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.

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Durantula Lawsuit: Chicago Musician Sues NBA Star
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  • Dale

    This rocker dude is insane. Durant didnt name himself that. The local station broadcaster here in Oklahoma City did. Wow how can you sue someone over a nickname someone else gave them? NUTS!!

  • antman33

    The local station broadcaster didn’t give him that nickname either. He actually got it from Kobe Bryant in 2009 when the Lakers played the Thunder, in reference to how it seemed like he had 8 arms because of his length and quickness…

  • Darryl

    Check the chubby kid to Durantula’s right. Gee, doesn’t anybody check these pics before they are used. I am sure there is a different pic that is more suitable.

    • Jae

      im still trying to figure out whats wrong with the kid..

    • herrgrasshopper

      Seriously!!! The kid to the right of Durant is obviously hitting at the “chubby kid” and this pic is the response. It really is great that NBA players go into the community and help out the kids that hope to emulate them someday!

  • Kevin

    Really dude??? He brought back your crappy nickname through no fault of his own. So is Shaq suing Dwight over “SUPERMAN? How about Stan Lee? Stupid!!!

  • FoSho

    If Nike and other companies used that name in mass advertising and the originator of the name has it licensed or trademarked then the guy has a case. It shows that if they did then they ASSumed that it was free to use, and that they’re lacking in thoroughness and professionalism. If someone can show proof corroborating a claim then the suit will stick. One’s level of fame means jack in a court of law. Ask the Emcee formerly known as “Common SENSE.”

    • MATT

      But if they are not in competion then there is no merit to the case (i.e. I can start a company that makes bread named Nike and Nike could do nothing about it unless i used the swoosh or somthing actually created by Nike.) except to gain publicity for a musician no one has ever heard of.

      • Jeremiah

        Try it. See how long it takes Nike to sue you and win.

  • philip

    Everyone finds the littliest reasons to sue someone

  • Jeff

    O good Lord, dude is just jealous he is not making any money, leave Kevin alone,,,,,,,,,,,Geese

  • asdfsdfsdf

    Durante got there first, and even though he isn’t famous, it’s his. They should find a new angle to hype Kevin Durant. BRANDING is everything.

    All that aside, it’s a lame name. Try harder Nike.

  • tkw

    Here is my issue with this first and foremost KEVIN DURANT , did not name himself the Durantula. so he should be hel blameless the name came from basketball analyst Kenny The Jet Smith as they were on TNT station looking for a nickname to call him. He did nothing wrong but roll with the punches and so did Nike.. if anyone should be at fault it should be NIKE’s research and development team they have enough money and resources to find and figure that crap out…..

    • Steve

      You’re all wrong. He originally was called that by a local sports reporter in Austin while he was still playing for the Longhorns. It got picked up by national and OKC broadcasters when they were trying to come up with a good nickname, and this was one the fans liked…

  • jim morrison

    Looks like his band is finally going to make it after all these years