Santogold Faces TM Suit

New-to-the-spotlight Brooklyn artist Santogold, and her (indie) label Downtown Music / Lizard King Records, were sued for alleged trademark infringement of the SANTO GOLD mark by Santo Rigatuso a/k/a Santo Gold. (Stereogum article.)

Trademark Serial No. 77044349 for the standard character mark SANTOGOLD list Defendant Santi White as the registration applicant. Applicant lists use of the SANTOGOLD mark in the following goods and services: Downloadable video recordings featuring music; Musical video recordings; Pre- recorded CD's, video tapes, laser disks and DVD's featuring music; Prerecorded digital video disks featuring music; Video Disks featuring music; Video recordings featuring music; Visual recordings and audio visual recordings featuring music and animation; Entertainment services, namely live performances by a musical recording artist.

How does this compare to Plaintiff's alleged use of the SANTO GOLD mark? How does the absence of a registration for Plaintiff's mark affect his suit?

How does the pending status of Defendant's application affect any defense or claim on her behalf?

[Santo Rigatuso aka Santo Gold v. Santi White aka Santogold; Downtown Music LLC; Lizard King Records Inc., No. 08- CV-5475 (S.D.N.Y. complaint filed 6/17/2008)]