Duluth Trading Co. took an opportunity, in responding to a five-count legal claim filed by the Eagles’ Don Henley, to explain the concept of a pun. Also, the whole free speech thing.
Fans of the Eagles and frivolous lawsuits will remember that Duluth drew the ire of the famously dour rock star over an e-mail advertising campaign for its so-called “henley-style” shirts in which they urged prospective new customers to “don a henley” and “take it easy.”
The henley shirt is styled after, and earned its nickname from, those worn by rowers in crew regattas held along southern England’s Henley-on-Thames — not a certain litigious drummer. The advertisement, Duluth asserts in a Friday court filing, “is obviously a joke (something we presume not even Mr. Henley disputes). It is self-evident that the use that was made of Mr. Henley’s name was a joke intended to highlight the coincidence that [he] shares his last name with a ubiquitous casual shirt and that his first name means ‘to wear.'”
To the surprise of perhaps no one — and certainly not Frank Ocean, Okkervil River or the non-profit American Eagle Foundation — Don Henley doesn’t see it that way. His lawsuit, filed in October, contends that Duluth is “exploiting” his name through trademark violations and publicity rights violations. Henley is said to own two federal trademarks on his own name.
“Fortunately for Duluth, the law protects its right to engage in this very type of speech notwithstanding the fact that a well-known recording artist is the subject of that humor,” the company wrote in its new response, adding that the email campaign was “an expression of free speech which uses portions of Mr. Henley’s name in a transformative nature invoking the protection of the First Amendment of the United States Constitution.”
Don Henley, almost certainly with his ever-present scowl in place, earlier moved to stop both Frank Ocean and Okkervil River from sampling or even covering his songs. He’s sued a California senatorial candidate for spoofing his work via advertisements that featured “All She Wants to Do is Tax.” He’s even filed legal proceedings against the American Eagle Foundation — a group working to protect a once-endangered animal — for their use of the eagles.org URL and a toll-free 800-2EAGLES telephone number, though the latter case was eventually dropped.
Ocean, in a response far more to the point that Duluth’s, memorably fired back: “Ain’t this guy rich as fuck?”
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One of the most talented musicians this country has ever produced. Also one of the biggest jerks this country has ever produced.
It pisses him off to no end that the Eagles were a best selling band, but not anywhere close to being regarded as the best.
Seriously, does this guy do anything other than make music and sue people?
He has not released a solo album in 14 years, and the last Eagles album was 7 years ago. So, he doesn’t do anything other than sue.
Clawing his way into his idea of relevance again.
Some people just need to go away and fall off a cliff.
“Ain’t this guy rich as fuck”. A typically eloquent response. It’s beside the point. It’s not about the money for Don. People like Frank Ocean get rich and make careers out of liberally sampling (stealing) from infinitely more talented musicians. That’s where the problem lies. I wouldn’t want my blood, sweat and tears borrowed for other people’s gain either. Ocean could have at least asked for permission.