Machine Gun Kelly is suing Fox Media over their application to register the term “Diablo,” arguing the trademark is too similar to his “Hotel Diablo” and may confuse fans.
Lawyers for Machine Gun Kelly filed a lawsuit against Fox Media to block them from registering a trademark on the term “Diablo,” the name of a dog voiced by actor Tony Hale on the network’s animated sitcom, HouseBroken.
Citing the name of Kelly’s album, Hotel Diablo, lawyers for the performer filed the case on December 13 at the federal trademark office. The filing argues that Fox’s trademark application was “confusingly similar” to “Hotel Diablo,” and fans could mistakenly believe Kelly was somehow involved in Fox’s merch.
“The HOTEL DIABLO Mark has priority use over the DIABLO Mark,” Kelly’s lawyers write. “Because of the similarity between the DIABLO Mark and the HOTEL DIABLO Mark, and because the goods covered under the DIABLO Application are related to the goods sold under the HOTEL DIABLO Mark, consumers are likely to be confused, mistaken, or deceived into believing that Applicant’s goods originate with Opposer or are in some way associated with or connected, sponsored, or authorized by Opposer.”
Fox Media applied for the trademark to sell a range of products in connection with the animated terrier, a fan-favorite character on the show that just entered its second season. Notably, Kelly’s lawyers had previously filed to register “Hotel Diablo” as a trademark, suspended earlier this year due to Fox’s “Diablo” application filed in June 2020. The new lawsuit appears to have been filed in retaliation.
Machine Gun Kelly’s Hotel Diablo was released on July 5, 2019, reaching number five on the Billboard 200 and spending 20 weeks on the chart. The album wasn’t quite as big a hit as Kelly’s more recent Tickets to My Downfall and Mainstream Sellout.
Kelly’s company Lace Up applied to secure a trademark on the name “Hotel Diablo” in December 2020, a move commonly used by artists to make it easier to sue over fake merch and brand infringement. Lace Up currently owns a trademark registration for his “MGK” logo, with other applications in progress to protect the name “Machine Gun Kelly,” the title to his infamous diss track “Rap Devil,” and several other terms.