NEW YORK DAILY NEWS
Thursday, December 3, 2015, 5:39 PM
The law might come down to the letter.
Lawyers on both sides of a trademark case against Kanye West and Damon Dash maintain the letter “S” is key to the case.
Lower East Side bachata duo “Loisaidas” sued West and Dash in April. The band says the hip hop moguls’ web videos, also named “Loisaidas,” infringed on its trademarked name and confused fans.
Loisaidas’ lawyer, John Bostany, argued at a hearing Thursday that Loisaida in the singular is fair game because it’s “urban vernacular” for the Lower East Side or those who inhabit it.
Not so for Loisaidas, he said.
“Loisaidas in the plural is the plaintiffs,” Bostany said.
“The plaintiffs registered that as a trademark,” he added.
Tom Ferber, who’s representing West, maintained the rapper and Dash’s videos can legally use the name Loisaidas despite the band’s claim.
“Loisaidas is a Spanish slang term for Lower East Siders,” Ferber said. “With or without the ‘S,’ it’s an independently existing term.”