Essence Festival, a three-day celebration of Black culture held annually in New Orleans, has sued an event organizer and the streaming Giant Spotify, claiming “intentional exploitation of Black culture,” but has dropped a cease and desist warning against a local bookstore.
Black-owned bookstore Baldwin & Co. was forced to cancel an event celebrating Black authors Friday after Essence sent a cease-and-desist letter claiming that event marketing at the bookstore used Essence’s name and logo improperly, misleading Black authors.
The lawsuit against Lit Diaries, which promoted the bookstore event, has not been dropped.
Suing Spotify, a company valued at $31 billion, for using branding of the cultural festival without permission is seen by some as a David vs. Goliath move.
Event promoter Lit Diaries LLC “falsely advertised to the public that they were an official Essence festival event,” said James Williams, an attorney representing Essence. “They falsely advertised that they were partnering with Essence to put this event on.”
According to Williams, Essence became aware of the event at the bookstore when it tried to book authors for Essence programming who thought they were already participating in an Essence event, CBS affiliate 4WWL-TV reported.
“What’s much much worse is that the promoter, in this case, lit diaries, the lit diaries event at Baldwin books they were charging authors to be a part of this event essence festival doesn’t stand for that,” Williams said.
Fans and followers of Baldwin & Co. bookstore were outraged and concerned about the canceled event, according to 4WWL-TV.
Often referred to as a “party with a purpose,” Essence celebrates Black talent and tries to provide resources to Black communities in areas including health, wealth, civil engagement and technology.
Organizers estimated the festival employed 3,600 people in the 2022 event and brought $327 million into the area. The festival started in 1994 as a one-time event to celebrate the 25th anniversary of Essence magazine, which was targeted at Black women.
Attorneys for Essence Fest, arguably the largest Black cultural festival in the U.S., say the lawsuit makes a stand against the “intentional exploitation of Black culture” and intellectual property by a corporation that can more than afford to pay for permission to use Essence’s branding, Guardian reported.
The festival and Spotify had conflict in 2022 after festival organizers said the streaming company used the Essence brand and trademarks without permission to promote an event which Spotify hosted “as if they were part of” the festival.
The festival seeks compensation for damages from “brand dilution, brand confusion, damage to business reputation and loss of business opportunity,” saying the event in question was held in a zone where only entities with permission could advertise or sell merchandise associated with Essence Fest.
“The unsanctioned Spotify … action … is yet another example of the historic, intentional exploitation of Black culture, Black [intellectual property], Black creators, Black businesses and Black equity,” Williams said in a statement. “We must protect and celebrate those companies that collaborate with our businesses to create and return value in our communities and defend our rights and value against those that chose to exploit our businesses and community.”
Photo: Baldwin & Co. bookstore in New Orleans, screenshot from CBS affiliate 4WWL-TV, Screenshot, https://www.wwltv.com/article/news/local/orleans/essence-fest-files-a-cease-desist-against-local-bookstore-new-orleans-local-news/289-c83a53c9-44a4-4d29-a1c7-2f621970672f
