Kevin Durant is being sued by a 1980s rocker over the nickname "Durantula." The NBA superstar is finally fighting back by asking a court to dismiss the lawsuit. He claims fans gave him the nickname, and he never uses it himself.
Mark Durante, a guitarist who once played with Public Enemy, says that he trademarked "Durantula" years ago, according to Examiner.com. Durante says that he trademarked the name for his stage persona and to sell his music and other wares.
With several decades having passed since the heyday of Durante's Durantula, the rocker was miffed that a younger generation began associating Kevin Durant with the name Durantula. So Durante sued, demanding that Durant stop using the name.
However, Durant's people have responded to the lawsuit, insisting Durant makes no money off the Durantula name and does not merchandise the name in any way, reports Examiner.com.
Instead, Durant claims that his fans and the media have given him the Durantula nickname, and that there is nothing he can do to stop them.
If Durant's claims are true, it will be interesting to see how a judge rules in the case. Typically, trademark law protects the registrant of a name from competitors and copycats who would hope to confuse and steal potential customers.
However, Durant claims that he personally has taken no action to associate himself with the Durantula nickname. A judge could potentially tell Durant to be more proactive, perhaps by asking fans and the media to stop using the name. But again, Durant really has no control over these people.
In the end, a judge may simply allow both men to continue using Durantula. After all, there is likely very little confusion between a superstar professional basketball player and a 1980s guitarist. So there may be enough room in the world for two Durantulas.
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