FKA twigs easily surpassed the Twigs in fame, and now she's beaten them in court too.
More than a decade ago, the young British dance prodigy-turned-visionary pop star Tahliah Barnett added "FKA" to the front of her stage name twigs. Presumably this was to differentiate herself from the Twigs, a band comprising American twin sisters Laura and Linda Good. The Twigs filed a trademark claim against twigs in 2014 but voluntarily dismissed the case shortly after.
In 2024, they got litigious again, peppering FKA twigs with cease-and-desist letters, much to her dismay. She took legal action against the band this year, asking a judge to put a stop to the cease-and-desists so she could move forward in the process of trademarking the name FKA twigs. Her lawyer told the court it was "inconceivable that any member of the relevant consuming public could confuse Barnett’s offerings with those of Defendants or believe that the parties are affiliated or related to each other."
The Twigs took this opportunity to countersue Barnett. In their lawsuit, they claimed she had used her fame to "weaken, if not destroy" their trademark, including dropping the "FKA" from her name in some public appearances. The band demanded Barnett stop performing under the name FKA twigs, and they sought a financial settlement. It doesn't look like they're going to get what they want.
Tuesday in New York, U.S. District Judge Jed S. Rakoff dismissed the Twigs' claims against FKA twigs, Billboard reports. Rakoff ruled that the claims are too old under the doctrine of laches, which prohibits the unreasonable delay of 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,” the judge wrote. "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."
The Twigs argued that their case fell under an exception to the laches doctrine allowing delayed action in instances of "intentional" infringement. Judge Rakoff disagreed: “The pleadings do not remotely support the inference that Barnett intended to promote confusion between herself and the Goods," he wrote. In light of his ruling, Barnett can no longer be sued for infringing on the Twigs' trademark. Rakoff has yet to deal with Barnett's original legal action seaking to bar the Goods from interfering with her trademark process for the FKA twigs name.
