Hinder Sues Former Singer For Trademark Infringement [VIDEO]
In a lawsuit filed in Federal Court, members of the band Hinder have filed a trademark infringement lawsuit against former lead singer Austin John Winkler. The lawsuit filed Friday in Oklahoma City alleges Winkler unlawfully used the band's trademarks to promote his solo career after leaving the group in 2013.
In the suit, the band states that in agreement with the band in 2013, Winkler was allowed to promote himself as being "formerly of Hinder", but alleges that promotional material for the singer's 2016 solo tour intimates that he was, or was touring as Hinder. The lawsuit says the agreement with his former band mates allows Winkler to promote himself as "Austin Winkler, formerly of Hinder." But the suit claims promotional material for a 2016 tour suggests his performances were as, or on behalf of Hinder. The suit also alleges that Winkler is promoting his current solo material using an "unlawful use and exploitation" of the Hinder trademark. The suit asks Winkler immediately halt use of any and all trademarks, and ask that he pay over profits gained from the infringement.
The band further states the departure agreement signed when Winkler left the group acknowledged he had no right to the trademark, or to the promotional use of the band's name, except for the previous restriction in conjunction with live performances. The band alleges that in several promotional instances, the name "Hinder" appears above and in type and size larger than Winkler's name, and also uses the band's logo, which Winkler is not authorized usage. The suit also alleges that the singer's use of the trademarks is causing confusion which "diminishes consumer demand for Hinder's performances."
Hinder formed in 2001 and is best-known for their 2006 hit "Lips of an Angel." The band was inducted into the Oklahoma Music Hall of Fame in 2007 as a "rising star", and is currently touring with Nonpoint in support of their current album The Reign.