The Swedish pop band Abba have sued a UK tribute act called Abba Mania for trade mark infringement.
The lawsuit states that the “defendants have not obtained written consent from the claimant or any representative of the claimant to use the Abba mark or infringing Abba Mania mark. The goods and services offered by the defendants under the infringing Abba Mania mark are not approved by the claimant or any representative of the claimant”.
To resolve the dispute Abba explained how the defendants could use the phrase in a “non-confusing manner” to describe their tribute, but the actual name of the tribute band must not include the word, Abba. Abba Mania has failed to comply.
The tribute band has also used the words “official” and “original” on their website and in their marketing “which gives consumers the impression that there is an association, affiliation, or sponsorship between Abba and Abba Mania”, but there is no such association.
However, the website for Abba Mania does contain a disclaimer, in small writing, at the bottom, stating that Abba Mania is not associated with Abba or Polar Music.