The Phrase “Emo Night” Has Been Approved for Trademark

You may remember two months ago, we reported on Taking Back Tuesday, a group of three LA transplants who applied for a trademark of the phrase “emo night” for their monthly evening of playing Brand New songs off an iPad in a public venue. We talked to a few other people who organize separate, longer running emo nights around the country and the general consensus about this legal move was that it was bad, and not good. Many saw this affront as antithetical to independent nature of the genre and reminiscent of the misguided sense of ownership that doomed it in the first place.

Fast forward a couple of months and a few fawning press releases articles about the Taking Back Tuesday to this week, when there was an update in the status of their trademark application: It has been approved for publication. This is a major step for the branding savvy Taking Back Tuesday organizers, who also sell shirts with the phrases "EMO NIGHT" and "SAD AS FUCK" on them, in acquiring the trademark (which again, is not good, but bad). Should the trademark be granted, any live events using the phrase “emo night” would potentially be an infringement and subject to anything from cease and desist orders to lawsuits, should Taking Back Tuesday choose to pursue such action.

photo via Instagram At this stage of the process, a notice will now be filed inviting anyone with good cause to file against them doing obtaining the trademark. So speak now or forever hold your peace, em* n*ght organizers. You can file an appeal here, which we’ve heard people are planning on doing.

The Emo Wars rage on.