Musician baffled:
Is Cosmó in trouble because of his blue star?
It’s eye-catching and considered his trademark—the blue star on the face of Austria’s Eurovision contestant Cosmó. That very star could still have legal repercussions for our Song Contest entry. A Viennese musician is claiming the star as his own, so Cosmó has now changed it at the last minute. Whether this was pure coincidence or out of fear of a lawsuit remains unclear.
Lex Leon is an affable and easygoing guy to talk to, not a global superstar. The Viennese singer, songwriter, and artist has built up a loyal fan base over the past decade and a half; his Instagram account boasts 31,200 followers. What immediately stands out when scrolling through the musician’s posts is that there’s always something blue in his look. A blue scarf, a blue jacket, blue shoes, and a five-pointed blue star, for example.
Lex Leon has been performing with a blue star for 16 years
The star isn’t just found on the musician’s body, on his guitar, or behind him during live performances: Lex Leon—whose real name is, of course, quite different—also signs his autograph cards with his name and a blue star. “I deliberately chose it 16 years ago; it’s part of my performance,” the Viennese musician told the “Krone.” When he saw that Cosmó also performs with the—at least very similar—blue star, it stung him, Lex Leon told the “Krone.”
I’m just afraid that the blue star might now be anchored in people’s minds as a trademark of Cosmó—and no longer as mine.
Lex Leon geht es um die frappierende Ähnlichkeit
The musician wrote to his colleague: “Congratulations on your upcoming performance,” he wrote in the rather friendly letter obtained by the “Krone.” However, there is one matter he would prefer to resolve artist-to-artist, without resorting to legal action. After all, he has been using the star for 16 years and has therefore registered it with the Patent Office as his trademark. A modification—such as “changing the color or the shape”—would be enough to more clearly distinguish Cosmó from his fellow artist’s performance.
Complaints from lawyers rejected
The response was quite unsatisfactory for the Viennese man. A lawyer brusquely dismissed the unresolved issue regarding the star. A more detailed letter requesting a cease-and-desist was also rejected by the lawyer. Actually, according to Lex Leon, he didn’t want to disparage Cosmó at all—quite the contrary: “I wish him every success at the ESC!” Personally, however, he is already disappointed in his fellow musician.
My client didn’t want to escalate this legally, but instead first wrote to Cosmó via email and politely pointed out the problem.
Florian Rath vertritt die rechtlichen Interessen von Lex Leon
Over the weekend before the Song Contest, there was a bit of a surprise. Allegedly on the advice of Song Contest winner Conchita Wurst, Cosmó changed his look. The blue of the star on his face is now apparently darker, and rhinestones are attached to the tips of the star.
A Suspicious Timing for a Style Change
The timing of the style change so close to his big performances seems at least conspicuous in light of Lex Leon’s letters—though it could, of course, be pure coincidence. It is unclear whether Cosmó can avoid a looming lawsuit for plagiarism with his last-minute changes. To be on the safe side, Lex Leon also secured legal representation—Florian Rath, a lawyer specializing in trademark law, took on the case.
This article has been automatically translated,
read the original article here.
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