The
artist formerly known as Mista Swissher Sweet needs a new stage name.
Jontae Green, an Austell rapper, said this week that he will drop his old
moniker after being sued by Swisher International, which bills itself as the
world's largest cigar maker.
Swisher says Swissher shouldn't have used the brand's name and logos on his Web
site and in album art for his iTunes single, "Jump Around."
The lawsuit, filed in federal court last week, accuses Green of trademark
infringement and says he broke laws that protect businesses from commercial
copycats.
Green, 26, said he wasn't trying to irritate Swisher. He said he took the name
because it was his brother's cigar of choice.
His brother died of cancer years ago. Green said he doesn't blame the cigar
company for that, although he knows smoking can cause cancer. He said he'll stop
using the name and will remove its red-and-white logo and signature shield from
his Web site and other materials.
"It ain't no big deal," Green said. "The streets already know me as Swissher. I
can just put my face on a CD cover and they know who it is."
Lloyd Farr, an Atlanta attorney representing Jacksonville-based Swisher, said
Friday that the company is obligated to protect its intellectual property by
policing its mark. As far as resolving the lawsuit, that's something the company
will have to work out with Green, Farr said.
"Certainly we're happy that he's pulling down the Web site and changing his
name," he said.
In the lawsuit, Swisher asks for any profits Green realized because of the
alleged trademark infringement, and seeks damages of $100,000 or more. It asks
the court to order Green to destroy any products that bear the Swisher name or
logo and transfer the domain name to Swisher.
Green runs his own independent record label, Farbetter Records, as well as a
recording studio and retail store in Austell. He said he'd like to work with
Swisher, which he said could gain from endorsing him. He noted that Swisher is
often used by people who fill the cigar wrapper with marijuana to make "blunts."
"I can go on the radio and tell them to support Swisher by going to Swisher.com,"
he said. "The sales are going to be phenomenal."
Green said he's talked to Swisher's lawyers, and has agreed to hand over
proceeds from "Jump Around." But the domain name they'll have to pay for, he
said (his asking price is $22,000). And he said Swisher won't have much luck
with the damages.
"If they want $100,000, they can't get it from me," he said. "I don't have
$100,000."

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