The costumes are back in the closet. The candy has been sorted, traded, and (let’s be honest) quietly raided by the grown-ups. If your neighborhood followed the national trend lists, a good share of the trick-or-treaters who rang your bell came dressed as Rumi, Zoey, or Mira from Netflix’s KPop Demon Hunters.
But there is another Demon Hunter. It has been around for about 25 years. It plays Christian metal, not K-pop. And it is now suing Netflix in federal court over the name, alleging trademark infringement based in part on reverse trademark confusion.
The dispute raises an interesting question for any business owner who has spent years building a brand: What happens when a much larger company adopts a similar name and becomes better known than the original business?
A $500 trick, no treat
According to the band’s complaint, a parent shopping for a KPop Demon Hunters show for two young children bought about $500 in tickets to a Demon Hunter concert in Albany, New York. Then came the refund request.
The mistaken purchase illustrates one type of trademark confusion, reverse confusion. The band’s larger concern is that Netflix’s popularity could cause customers to associate the original Demon Hunter band with Netflix’s movie. Picture the moment that parent realized the evening would feature metal music with distorted guitars and growled vocals, not the Kpop anthems their kids had memorized.
The band says that’s not a one-off. Its complaint (reported in detail by Music Business Worldwide), filed August 18, 2026, in the U.S. District Court for the Central District of California, also describes:
- a television producer who contacted the band’s management thinking it was connected to the film
- social media users tagging the band in posts about the movie
- ticketing searches for “Demon Hunter” that surface KPop Demon Hunters events
The band, through its company Hyde Lane Inc., has sued Netflix, Netflix Studios, and concert promoter AEG Presents. It claims trademark infringement, false designation of origin, and unfair competition. It wants an injunction, damages, Netflix’s profits, and attorneys’ fees, and it has demanded a jury trial.
The band says it has used the name since about 2001. USPTO records show that Hyde Lane holds federal registrations for DEMON HUNTER covering audio recordings, printed goods such as stickers and posters, and clothing. The band previously held a federal registration covering live musical performances, but that registration was cancelled in 2025 for failure to renew the registration. A new application for the live musical performances is currently pending.
That’s the arena the KPop Demon Hunters world tour is about to enter.
The cancellation does not necessarily mean the band lost its trademark rights. Rights can arise from continued use of a mark even without federal registration. However, registration provides important legal advantages, and failing to maintain one can complicate enforcement.
Netflix has publicly disputed the allegations and indicated that it intends to defend the case. The parties have agreed to additional time for Netflix to file an answer. The lawsuit remains pending, the court has yet to rule on the merits.
When a Larger Company Ghosts an Existing Trademark
Most trademark disputes involve a business using a name similar to an established brand, causing customers to believe its products come from the original company. This is known as forward confusion.
Reverse confusion occurs when a later, often larger company becomes so widely recognized that consumers mistakenly believe the original business is associated with the newer company. Instead of the newer business being mistaken for the original, the original business is mistaken for the newcomer.
In effect, the larger company can ghost the original trademark, overshadowing years of brand recognition and leaving customers confused about who was there first.
That is the concern raised by Demon Hunter. The band has used its name for approximately 25 years, but Netflix’s KPop Demon Hunters franchise has become widely recognized. The band claims consumers now associate its name with Netflix rather than recognizing Demon Hunter as an independent musical group.
The question is not simply whether Netflix is more popular or has spent more on advertising. It is whether consumers are likely to be confused about the relationship between the two businesses.
We previously discussed forward confusion, reverse confusion, and passing off in an earlier article. The Demon Hunter lawsuit provides a current example of how reverse confusion can happen in real time.
Reverse Confusion Has Roots Close to Home
One of the earliest federal appeals court decisions recognizing reverse trademark confusion cases came from the Tenth Circuit Court of Appeals, which hears federal appeals from Kansas and several neighboring states.
In Big O Tire Dealers, Inc. v. Goodyear Tire & Rubber Co., 561 F.2d 1365 (10th Cir. 1977), a regional tire dealer had been selling tires under the BIG FOOT name when Goodyear launched a massive national advertising campaign using BIGFOOT for its own tires.
Consumers began associating the BIG FOOT name with Goodyear rather than the smaller tire company. The Tenth Circuit upheld the trademark infringement finding, recognizing that a larger company’s advertising could overwhelm an earlier user’s trademark and cause reverse confusion.
The case helped establish reverse confusion as a recognized basis for trademark infringement, even when the larger company was not attempting to pass off its products as those of the smaller business.
What the court will look at
The Netflix case sits in the Ninth Circuit. There, courts apply a set of likelihood-of-confusion factors, adjusted for reverse trademark confusion. In Ironhawk Technologies v. Dropbox (2021), the Ninth Circuit revived a small company’s claim against Dropbox’s “Smart Sync” feature. A key question was whether the bigger company’s commercial strength could overtake the smaller company’s mark.
Expect the fight to focus on four questions:
- How strong is Netflix’s mark in the marketplace? In a reverse confusion case, a defendant’s size can work against it.
- Does adding “KPop” make a difference? The band says no. Netflix will likely say it obviously does.
- Are the parties in the same business? A movie title is one thing. Concerts, recorded music, and merchandise put the two names side by side.
- How real is the confusion? Misdirected ticket purchases are vivid evidence, but courts weigh how often confusion happens and how much it matters.
There is another issue involving Netflix’s use of the name. Movie titles generally receive greater First Amendment protection than trademarks used to identify the source of products or services.
In Jack Daniel’s Properties v. VIP Products (2023), the Supreme Court held that a company cannot avoid ordinary trademark infringement analysis simply because its product has an expressive or creative element when it uses the challenged name as a trademark.  Jack Daniels may be instructive. Netflix’s use of Demon Hunters as part of the title of an animated film may receive greater First Amendment protection than its use of the name as a trademark for concerts, recordings, or merchandise. Whether those uses identify the source of goods or services, rather than simply refer to the film, could become an important issue in the case.
Protecting Your Trademark
You don’t need a Netflix-sized dispute to learn from this one. The dispute also offers a few practical reminders about protecting your trademarks.
1. Rake before you build. Before you launch a new name, search federal and state trademark records, as well as businesses that may have established common-law rights through use.
2. Bag and label what you have. Consider federal registration for the goods and services offered under your mark, including new products or services as your business expands.
3. Clean the gutters. A federal registration doesn’t maintain itself. Between the fifth and sixth years after registration, the owner must file a declaration that the mark is still in use, and the additional use and renewal filings generally are required between the ninth and tenth years after registration and every ten years thereafter. Miss the deadline and the registration is cancelled, as happened to the band’s live-performance trademark registration. Put the dates on your calendar now.
4. Write down the strange stuff. Misdirected emails, confused callers, orders meant for someone else, reviews posted on the wrong page: date them and save them. That kind of evidence can help establish actual consumer confusion.
5. Don’t let the leaves pile up. If a larger company starts crowding your name, act promptly. Waiting can weaken your position.
6. Don’t assume Goliath wins. The law of reverse trademark confusion recognizes that an established trademark can be harmed when a larger, later user overwhelms its identity.
Is someone blowing leaves into your yard? The IP Center helps businesses in Kansas City and across the country choose names, register them, and protect them when a bigger player moves in. If you’re picking a new brand, or a larger company’s name is starting to crowd out yours, contact us to talk through your options. You can also learn more about our trademark application services.
This article describes allegations in a pending lawsuit and is for general information only. It is not legal advice and does not create an attorney-client relationship.