Dive Brief:
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“Don a henley, and take it easy.” It’s a pun best understood by fans of (and others familiar with) the soft-rock '70s band The Eagles. (The reason it’s funny? Singer-songwriter-drummer Don Henley was a founding member of the group; “Take it Easy” was their first hit.) It’s also a headline in an ad for for Wisconsin clothing retailer Duluth Trading Co.
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Never mind that “Take it Easy” was sung by fellow Eagles member Glenn Frey and written by Frey with singer-songwriter Jackson Browne. Don Henley was not amused and has taken the Belleville, WI retailer to court in California for copyright infringement.
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Duluth Trading Co. was founded in 1989 in Duluth, MN by two brothers who invented a canvas tool organizer. The retailer, now based in Wisconsin, has expanded to offer other items, including clothing, and operates a few physical stores as well as catalog and web sales.
Dive Insight:
With this lawsuit, Don Henley may lose, or he may win, but he is unlikely to come this way again. Actually, he might, come to think of it. Henley has a demonstrated litigation-prone protective streak when it comes to intellectual property rights.
