Music merch and what some think are graphics that bear too close a likeness to The Rolling Stones’ famous tongue-and-lips logo are at the center of a legal battle between Universal Music’s swag business Bravado and Simply Southern, a North Carolina-based retailer, wholesaler and manufacturer of apparel.

On March 29, Simply Southern sued Bravado in federal court in North Carolina, asking a judge to declare that it has not infringed on trademark and copyright related to The Rolling Stones’ logo, which the iconic British rock band has used since the early 1970s.

Simply Southern was prompted to sue after receiving a cease-and-desist letter from Bravado in early March.

In the letter, Bravado asserted that designs of cartoonish, disembodied tongues (see examples) and lips that Simply Southern featured on clothing and small tote bag charms it had sold violated The Rolling Stones’ marks. The purveyor of branded music merchandise demanded that Simply Southern immediately stop selling the shirts. Bravado said it’s the exclusive licensee to sell merchandise for The Rolling Stones.

In its suit, Simply Southern countered that the images on its products are “clearly and demonstrably different from Bravado’s asserted tongue/lips image, both objectively and subjectively.”  

The suit said: “Simply Southern’s images have a plumper lower lip, more square teeth, and a wider and more open mouth when compared to Bravado’s asserted image. Another image has a differently directed tongue. The lip/mouth angles and lengths are also significantly different. Moreover, one or more of Simply Southern’s images depicts lips and/or tongues that are not red and/or are patterned.”

Simply Southern noted that the images/products Bravado is referencing are from a prior season’s line; the company had already stopped selling them before being contacted by Bravado, the suit said.

A March 31 court filing said the case has been referred to mediation.

Arguments and ultimately outcomes in trademark and copyright cases related to graphics on apparel and branded merchandise can prove useful for promotional products pros, as they consider potential trademark/copyright issues in the course of business.