New Zealand- A band called Hefner is the latest to receive a legal threat from Playboy kingpin Hugh Hefner.
The story hit the headlines after United States magazine magnate Hugh Hefner made legal threats because an event the band was playing at [the Playboy charity ball last week in Christchurch] potentially damaged the reputation of Hefner’s international brand.
Band lead singer Corey Cross said he received a letter from Wellington-based intellectual property lawyers AJ Park after an article published in The Press mentioned the band would be playing at the ball.
The letter, sent on behalf of Playboy Enterprises International, demanded the band drop its name and the logo, as well as pay Hugh Hefner any profits made while performing under the Hefner name, and his legal costs.
The band uses a parody version of the Playboy bunny logo, with a cigarette hanging from its mouth and an earring in its ear.
The use of the rabbit-head logo “takes unfair advantage of and is detrimental to the distinctive character and repute of that mark … our client takes exception to your adding an earring and a cigarette to the rabbit head device”, the letter says.
The use of the name Hefner and the logo would mislead consumers into thinking there was a connection between Hugh Hefner and the band, and that Hefner may have authorised or endorsed the band, the letter says.
The small-time covers band thought they would never attract the attention of the Playboy kingpin, Cross said.
“We’ve gone under the radar until now. We basically are five ordinary guys from Christchurch who play music at the end of the week as a hobby who have come into the path of someone that’s immobile.
“We are just a little bewildered by the whole thing and would quite like to resolve it painlessly.”
The band had been playing under the name for about five years, he said.
The threat of legal action potentially had serious consequences, Cross said.
“I’m a little bit worried – in the back of my mind I am not going to say I am a big hero and make a stand and do what I like.”
Corey had responded to the lawyer’s letter saying they would be willing to get rid of the logo but did not see why they should ditch their band name.
“We feel it’s so ridiculous we have been targeted. We have apologised for the parody version of the Playboy bunny and told them we would destroy any evidence of it.
“We have established ourselves over a number of years and have a good following in town and don’t really see if we drop the logo why we should drop the name.”
The band had not sought legal advice.
“Legally, I don’t know where we stand. I’m still in two minds as to whether we will `rage against the machine’ so to speak. It’s pretty David and Goliath – what’s it going to do to for their reputation if he nails five guys from Christchurch for something pretty trivial?”
The Press contacted AJ Park senior associate Kate McHaffie to find out why her international client felt it was necessary to threaten legal action against the Christchurch band.
She said she was unable to comment without the permission of Playboy Enterprises.