A United States federal judge has dismissed trademark infringement claims against FKA Twigs, the Eusexua artist, ruling that the indie band The Twigs waited too long to sue over her stage name. The Tuesday (Aug. 18) ruling does not end the case, because FKA Twigs still has pending claims of her own against the band.
Delay bars infringement claims
The claims were lodged in May by The Twigs, the twin sisters Laura Good and Linda Good, against FKA Twigs, whose legal name is Tahliah Barnett. The band first sued FKA Twigs in 2014 for infringing a trademark they had owned since 1996, but dropped that lawsuit after losing an initial injunction request.
Key dates in the dispute:
- 1996: The Twigs’ trademark dates to this year.
- 2013: The parties exchange emails about the alleged infringement.
- 2014: The Twigs sue FKA Twigs, then drop the case after losing an injunction request.
- 2024: The Twigs take action again.
- 2026: The Twigs bring the current claims.
After a quiet period of about a decade, the sisters renewed their argument that FKA Twigs had used her greater fame to “weaken, if not destroy” their intellectual property.
In the decision, United States District Judge Jed S. Rakoff held that the claims are too old under the doctrine of laches, which bars unreasonable delay in legal action.
“The Goods were aware of Barnett’s allegedly infringing activity as early as 2013 when the parties exchanged emails, and certainly no later than 2014 when the Goods sued Barnett alleging trademark infringement,” wrote Judge Rakoff. “After the Goods dismissed their suit, Barnett continued releasing music under the name ‘FKA twigs.’ Yet the Goods did not take any action until 2024 and did not bring the instant claims until 2026. In other words, the Goods let their claims lie fallow for at least a decade.”
In trademark lawsuits, the laches doctrine does not apply to cases of “intentional” infringement. The Twigs argued that their case fell under this exception, but Judge Rakoff disagreed. “The pleadings do not remotely support the inference that Barnett intended to promote confusion between herself and the Goods,” he wrote.
Remaining trademark application dispute
The immediate effect of the ruling is that FKA Twigs cannot be sued for infringing the trademark “The Twigs.” A separate dispute remains over the singer’s application for her own trademark, “FKA Twigs.”
The Atlantic Records artist has pending legal claims that seek to stop The Twigs from interfering in her trademark registration process. Judge Rakoff said evidence discovery must be conducted before he can rule on that issue.
Lawyers for FKA Twigs and The Twigs did not immediately return requests for comment Tuesday.
