LOS ANGELES (LALATE) – A “Durantula” lawsuit has erupted between Mark Durante and Kevin Durant. The Darantula lawsuit concerns the two parties both using the mark “Durantula”. But while Mark Durante claims he has been using the mark for two decades, he asserts that Kevin Durant just recently started using it. The core of the dispute, however, is the claim that consumers would confuse “Durantula” used in the music industry with “Durantula” used in the sports industry.
“Durantula” is currently being used by Nike and Durant for basketball problems. But it’s also being used by Durante for guitars and music merchandise, Durante indicates in his lawsuit. Would that cause confusion among customers? Critics disagree. But the suit asserts confusion will erupt.
Existence of the Kevin Durant’s marks “confuses and misleads consumers looking for Durante’s DURANTULA products, music and merchandise”, claims the suit. “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 suit adds.
Durante has owned the website durantula.com for over a decade, obtained a trademark for Durantula in 1993, released two albums under the name, and has sold merchandise with the mark for two decade. He has played with the Waco Brothers, KMFDM and other Chicago bans. Kevin Durant has yet comment about the suit.