Jelly Roll, born Jason DeFord, has been hit with a lawsuit by musician Kurt Titchenell, who performs with his band under the name Jellyroll. According to legal documents obtained by ABC News, Titchenell says he and his band have been performing at weddings, galas and charity events in the Philadelphia area under that name since 1980; he trademarked the name in 2010.
Grammy-winning singer Jelly Roll, meanwhile, says he adopted that name because his mom called him that as a kid. He began releasing mixtapes as Jelly Roll in 2003. Titchenell claims that by using the name, Jelly Roll is violating his trademark. The suit alleges that currently, if you Google the name, you get “as many as 18-20 references” to the Jelly Roll of “Need a Favor” fame “before any reference to plaintiff’s entertainment dance band known as Jellyroll can be found.”
According to the suit, Titchenell’s lawyers sent a cease-and-desist letter to Jelly Roll in February, and though there were “conversations,” they didn’t come to an agreement. Titchenell’s attorneys write in the suit, “At one point, defendant’s counsel inquired as to whether defendant really was in competition with plaintiff.”
The suit now seeks an immediate court order to stop Jelly Roll from using the name, saying that his continued use of it will “irreparably harm” Titchenell and cause “actual confusion, mistake, and deception” in the marketplace — especially given the fact that Jelly Roll has a concert planned in Philadelphia in October.
At press time, Jelly Roll’s team had not responded to ABC Audio’s request for comment.
How many Jelly Rolls is too many? For one Philadelphia musician, there can only be one, and it’s him.
Jelly Roll, born Jason DeFord, has been hit with a lawsuit by musician Kurt Titchenell, who performs with his band under the name Jellyroll. According to legal documents obtained by ABC News, Titchenell says he and his band have been performing at weddings, galas and charity events in the Philadelphia area under that name since 1980; he trademarked the name in 2010.
Grammy-winning singer Jelly Roll, meanwhile, says he adopted that name because his mom called him that as a kid. He began releasing mixtapes as Jelly Roll in 2003. Titchenell claims that by using the name, Jelly Roll is violating his trademark. The suit alleges that currently, if you Google the name, you get “as many as 18-20 references” to the Jelly Roll of “Need a Favor” fame “before any reference to plaintiff’s entertainment dance band known as Jellyroll can be found.”
According to the suit, Titchenell’s lawyers sent a cease-and-desist letter to Jelly Roll in February, and though there were “conversations,” they didn’t come to an agreement. Titchenell’s attorneys write in the suit, “At one point, defendant’s counsel inquired as to whether defendant really was in competition with plaintiff.”
The suit now seeks an immediate court order to stop Jelly Roll from using the name, saying that his continued use of it will “irreparably harm” Titchenell and cause “actual confusion, mistake, and deception” in the marketplace — especially given the fact that Jelly Roll has a concert planned in Philadelphia in October.
At press time, Jelly Roll’s team had not responded to ABC Audio’s request for comment.