FKA Twigs Wins Trademark Case Against Indie Band The Twigs as Judge Rules Claim Filed Too Late
FKA Twigs has won dismissal of a trademark infringement lawsuit brought by the indie-pop duo The Twigs, after a U.S. federal judge ruled the band waited too long to press its claims. The decision, issued on Tuesday, August 18 by U.S. District Judge Jed S. Rakoff in the Southern District of New York, means the singer born Tahliah Barnett cannot be sued for infringing the trademark "The Twigs." The ruling was first obtained and reported by Billboard.
The Twigs are twin sisters Laura Good and Linda Good, who have held a trademark on the name since 1996. They first sued FKA Twigs in 2014, alleging she was trading on their mark, but dropped that lawsuit after losing an initial request for a court injunction. They filed new trademark infringement claims in May of this year, and on May 13 countersued to ban Barnett from performing under the name at all, according to Music Business Worldwide.
Judge Rakoff dismissed the claims under the legal doctrine of laches, which bars a party from pursuing a claim after an unreasonable delay that prejudices the other side. He wrote that the Goods were aware of Barnett's allegedly infringing activity "as early as 2013 and no later than 2014," and that they "let their claims lie fallow for at least a decade before acting again in 2024 and bringing claims in 2026."
The Goods had argued that an exception to the laches doctrine should apply — one covering cases of intentional infringement, where a delay might otherwise be forgiven. Judge Rakoff rejected that argument, writing that the court filings did not support any inference that Barnett intended to create confusion between herself and the band.
The dispute's earlier history adds context. FKA Twigs filed her own complaint in the Southern District of New York in March, seeking a court declaration that her stage name does not infringe The Twigs' trademark, as reported by Pitchfork. The Goods had previously demanded a seven-figure settlement and a name change from Barnett, according to Paste Magazine. Barnett has also claimed the band sent her multiple cease-and-desist letters over the name.
One thread of the dispute remains unresolved. FKA Twigs is separately seeking the rights to use and register the "FKA Twigs" trademark, with pending claims aimed at stopping The Twigs from interfering in that registration process. Judge Rakoff said evidence discovery must be conducted before he can rule on those claims, and the matter is headed for a jury trial.
For Barnett, the ruling closes the infringement threat that has shadowed her stage name for over a decade. The fight over who gets to register the trademark, though, is just beginning.
