Outkast is suing the rapper and producer Ovrkast for trademark infringement over his “nearly identical” name, claiming he reneged on a secret settlement to change it.
In a lawsuit filed last week in Atlanta federal court, attorneys for the legendary hip-hop duo (André 3000 and Big Boi) accused the lesser-known California artist (Silas Wilson) of “knowingly, willfully, intentionally, and maliciously” trying to link himself to Outkast.
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“Defendant’s unauthorized use of the nearly identical Ovrkast mark has already damaged and will continue to damage plaintiff,” lawyers for the pair write in the Wednesday (Sept. 16) complaint, obtained by Billboard.
Outkast’s lawyers say they sent Wilson a cease-and-desist more than a year ago, demanding he change the name — and that after negotiations, he agreed to swap it out for “Overkxst,” which was approved by the duo. But earlier this year, they say he refused to actually make the switch when required to do so.
“Defendant continues to use the Ovrkast mark with knowledge of plaintiff’s rights in the famous Outkast mark, with knowledge that consumers associate Ovrkast with Outkast, and with knowledge that doing so is in breach of the Settlement Agreement,” the group’s lawyers write.
In an Instagram post on Tuesday (Sept. 22), Ovrkast commented on the lawsuit: “I thought it was love?” he wrote, tagging both André 3000 and Big Boi in the caption before adding: “(yes this is real).”
It’s not the first time the “Hey Ya” duo has aggressively enforced its trademarks. In 2023, the duo sued an electronic dance music duo calling itself ATLiens — the same name as one of its best-known songs. That case settled in February on confidential terms.
In the new case, Outkast says that even Ovrkast himself has acknowledged the similarities. In an interview last year with Rolling Stone, the producer admitted that fans have confused the two names.
“The worst thing I get is like, ‘The n**** think he Outkast.’ It’s like, ‘No, bro. I wasn’t even thinking about Outkast’,” the rapper told the magazine. “Mad N****s do that shit. They read Ovrkast [as] Outkast. They’re like, oh my God, I thought they said Outkast. And it’s like, it don’t, so…”
Evidence of “actual confusion” is a key factor in trademark cases, which center on whether consumers will mix up two names — and Outkast’s lawyers prominently quoted the statement in their complaint against Ovrkast.
“Defendant’s very own statement confirms that consumers have read, perceived, and understood Ovrkast as Outkast,” the duo’s lawyers write. “Defendant’s continued use of the Ovrkast mark therefore will continue to cause further confusion, mistake, and deception among consumers.”
