Ghana: Afrochella facing trademark lawsuit

The lawsuit arrives three years after Goldenvoice’s parent company, AEG, first warned Afrochella of encroaching on its brand, noting that the Accra-based festival could “create a likelihood of confusion and mistake as to the affiliation, connection, or association of you with AEG and with Coachella.”

“In particular, the public is likely to believe that you are authorised by, or affiliated with, AEG or Coachella,” the notice added.

Afrochella was first held in 2017 with the vision of celebrating African culture and showcasing works by emerging creatives, artists and entrepreneurs across the continent. The event, which was was headlined by Nigerian superstar Wizkid last year, is reportedly expanding to South Africa later this month and planning spinoff iterations for the US.

In a suit filed in a California federal court last week, the plaintiffs accuse Afrochella of “actively promoting music events in the United States and in Ghana using the confusingly similar mark ‘AFROCHELLA’,” and “fraudulently attempting to patent Coachella’s actual trademarks of ‘Coachella’ and ‘Chella’ in Ghana,” adding that the Afrochella logo is an imitation of the font in Coachella’s suffix.

In addition to “damages for trademark and service mark infringement and unfair competition,” Goldenvoice is requesting an immediate restraining order on the Afrochella name and $100 000 over cybersquatting claims.

The lawsuit also says that Afrochella’s organisers have “expanded their infringing conduct into the United States by promoting, presenting, and/or sponsoring at least seven different music events using the mark ‘Afrochella’ in the Los Angeles area, and have refused to curtail their infringing use of Plaintiff’s registered marks.” 

It is unclear where the development leaves the 2022 edition of Afrochella, which is slated for 28 and 29 December at El Wak Sports Stadium in Accra, with West African heavyweights Burna Boy and Stonebwoy headlining the show.

This litigation adds to recent public woes that have bedevilled Afrochella’s organisers, who have yet to comment about the alleged copyright infringement. During an August Twitter Spaces event, multiple women accused co-founder Edward Asafu Adjaye of sexual harassment. Adjaye has since stepped down from his leadership role at Afrochella and issued a public apology.