ERNEST is at the center of controversy surrounding his upcoming album, Deep Blue. A small business owner who runs a clothing brand with a similar name claims he is in violation of her trademark.
He does not seem to care…
The country music singer responded to the backlash with a clear and coherent explanation of what happened. And then he jumped in the water to enjoy his vacation.
Who is ERNEST?
If you are not familiar with ERNEST as an artist, you probably know him as a songwriter. The 34-year-old Nashville-native has written songs that are recorded by Morgan Wallen, Florida Georgia Line, Thomas Rhett, Jelly Roll and Jake Owen, among others. His biggest hits are probably ‘I Had Some Help’ by Post Malone and Wallen, ‘Wasted On You,’ ‘Cowgirls’ and ‘More Than My Hometown’ by Wallen, ‘Big, Big Plans’ by Chris Lane, ‘Son of a Sinner’ by Jelly Roll, and ‘Loving Life Again’ by Ella Langley.
As a musician, ERNEST’s biggest hit is ‘Flower Shops’ with Wallen and ‘World If I Could’ with Lainey Wilson. My personal favorite is a throwback that most people might not know. I digress.
ERNEST released his third full-length studio album earlier this year. It is called ‘Deep Blue.’
The 13-track project dropped on May 1. It is inspired by the U.S. Virgin Islands.
What is the trademark controversy surrounding Deep Blue?
The album Deep Blue shares the same name as the sustainable streetwear brand Deep Blue. They are not related.
However, ERNEST supposedly reached out to the clothing company back in January to discuss a potential collaboration. The deal ultimately fell through because Deep Blue (the clothing brand) only manufactures in the United States. Therefore, it would be a losing venture for the musician. His team asked to purchase the design instead.
The owner of Deep Blue (the clothing brand) declined the offer because she refused to be affiliated with greenwashing. ERNEST moved forward with his own line of merchandise anyway.
That did not go over well with the owner of the clothing brand, who pursued legal action. She sent a cease and desist letter to ERNEST and his team because she owns the trademark. It was ignored. The Deep Blue (album) merchandise remains live.
ERNEST, who is getting flamed in the comment section of his social media profiles, responded to the backlash on Instagram.
She then offered a rebuttal.
ERNEST also clarified that the Deep Blue trademark is not as firm as she might think.
She later responded to say that there is more than one trademark. Whether he saw her reply or not, he started trolling.
ERNEST is completely unbothered.
It seems to me like the country music is done with this drama. He said his piece. He is moving on. It will be interesting to see whether Deep Blue (the clothing brand) continues to pursue legal action.