UPDATE: Judge Rules Live Nation Can Keep Selling Tickets To Day One 22 • Volume
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Written by: Mikala Lugen | Photo(s) by: Amy Harris/Invision/AP

UPDATE: Judge Rules Live Nation Can Keep Selling Tickets To Day One 22

[UPDATE 12/29/21]: Live Nation and The Twenty-Nine Palms Band of Mission Indians won a victory in court last week when Judge R. Gary Klausner rejected Goldenvoice and AEG’s restraining order to stop Live Nation from selling tickets to Day One 22. The event – formerly known as Coachella Day One 22 – has been battling a lawsuit for alleged copyright infringement.

Klausner blocked the motion because further marketing materials promoting the event as Coachella Day One 22 are not coming from Live Nation but rather Twenty-Nine Palms, the Native American tribe promoting the event. The tribe was not included on the lawsuit due to having sovereign immunity. Klausner ruled that the tribe’s “continued conduct does not constitute a significant change in facts that warrants modification of the TRO.”

Additionally, Klausner ruled that Goldenvoice was unlikely to prove that Live Nation “contributorily infringes” on Coachella’s trademark by selling tickets to the festival under any name. While Live Nation can control how Day One 22 is listed on its platforms, the company doesn’t control “the general sale of tickets to the event.”

“Today’s response from Judge Klausner is a win for the Tribe, the community and our ticketing partners at Live Nation,” Darrell Mike, Chairman of the Twenty-Nine Palms Band of Mission Indians, said in a statement. “As a community and nation who reside in Coachella, California — we are equally thrilled that our outdoor venue, Coachella Crossroads will be able to continue operation under its given name. The strongarming of Goldenvoice and its parent company AEG to take reign over a name of a region and businesses who choose to identify with it is disrespectful to small and large business operations, those under their employ and the indigenous people who live within the valley.”

Day One 22 is currently still scheduled for its New Year’s Eve celebration. Tickets and additional information can be found here.

 

[12/21/21:] Coachella has won a temporary restraining order against Live Nation, preventing the monopolizing music promoter from selling tickets or advertising its New Year’s Eve event of a similar name, “Coachella Day One 22.”

Coachella and its AEG-owned parent company Goldenvoice recently filed a lawsuit over Live Nation’s “Coachella Day One 22” event, claiming the name would confuse concertgoers. If Coachella and Goldenvoie win the ruling, the event, scheduled to feature performances from Lil Wayne, E-40, Shaquille O’Neal (DJ Diesel), and Getter, will go on as planned but a revamp of branding will ensue.

“Coachella Day One 22” is being produced by the Twenty-Nine Palms Band of Mission Indians, an indigenous tribe that operates the venue Coachella Crossroads, just five miles from the Empire Polo Grounds where Coachella takes place. The tribe originally tried to register a “Coachella Crossroads” trademark but was denied due to potential confusion with Coachella’s mark. Once “Coachella Day One 22” was announced, Coachella has accused Twenty-Nine Palms of causing confusion with its event name and “adopting elements” of Coachella’s advertising for promotional material. The tribe however is not listed in the suit alongside Live Nation due to “sovereign immunity” and is thus shielded from legal action.

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The gripe between Coachella and Live Nation was fueled back in October after Coachella sent Live Nation a cease-and-desist letter over the “Coachella Day One 22” event name. Live Nation has since changed the event name on its listing to “Day One 22,” but the suit followed because “Coachella” is still named in front of ticket and advertising material.

While issuing the temporary restraining order, Judge Klausner said that Coachella and Goldenvoice are “likely to succeed” in proving the infringement, avoiding “irreparable harm” if the event went on under the original name.

In addition to the lawsuit with Coachella, Live Nation has been under the hot seat lately, gaining criticism in their role in the music industry. The music promoter is still tackling the tragedies that occurred at Travis Scott‘s Astroworld last month, resulting in a dozen deaths and hundreds injured, putting into question Live Nation’s security and safety protocols. This latest lawsuit furthers the promoter’s question of their ethics and leadership role in the music industry at large.

[H/T Rolling Stone]