Oklahoma rock band Hinder sues former lead singer Austin John Winkler

The current members of the Oklahoma rock band Hinder are suing the group's former lead singer, Austin John Winkler, claiming he has infringed on the band's trademark in promoting his solo career.

Winkler, who departed the band in 2013, is currently promoting his own musical performances and recordings by the "unlawful use and exploitation of the Hinder trademark," according to a lawsuit filed Friday in Oklahoma City federal court. The band members want Winkler to stop the alleged infringement and to pay over "all gains, profits and advantages realized from his infringing."

"Hinder has no ill will toward Mr. Winkler and would have much preferred to privately resolve this matter. Mr. Winkler, however, was apparently uninterested in such a solution," band attorney Blake Johnson told The Oklahoman on Monday. "Though they've now been forced to seek legal redress, the band is less interested in a monetary reward and more interested in protecting Hinder's valuable intellectual property and its brand and reputation.

"The members of Hinder simply cannot abide another musician making reckless use of the name and trademark they've worked for over a decade to make meaningful and distinct."

Upon leaving the band, Winkler and the remaining Hinder members executed a Leaving Member Agreement, "acknowledging that he has no rights in the (trademark), or to promotional use of the name Hinder, and accepting a very limited license for use of the mark under certain express restrictions," according to the lawsuit. Winkler is violating the agreement and infringing on the trademark "by falsely suggesting Winkler's continued affiliation with or endorsement by Hinder in ways likely to cause consumer confusion," the lawsuit alleges.

An email to Winkler's publicist regarding the lawsuit wasn't immediately answered Monday.

Hinder, which began writing and performing in 2001, is a multi-platinum touring act. The band's breakthrough hit was the 2006 single "Lips of an Angel." The band was inducted into the Oklahoma Music Hall of Fame in 2007 as a Rising Star.

The lawsuit alleges Winkler suffered medical and emotional problems that caused him to leave a 2013 tour. Winkler departed the band that same year. Pursuant to the departure agreement, "Winkler acknowledged and agreed that he had no right, title or interest in or to the Hinder trademark," according to the lawsuit.

The agreement states Winkler is permitted to use the phrase, "Austin Winkler, formerly of Hinder," in connection to his live performances, according to the lawsuit. The agreement also states if Winkler utilizes the Hinder name in promotional materials, the band name can't be larger or more prominent than his individual name, according to the lawsuit.

At issue is Winkler's promotional materials related to his 2016 and 2017 solo tours. Examples of posters and other materials showing the Hinder name in larger print than Winkler's name were filed with the lawsuit.

"In many of these promotional materials, the Hinder mark is featured several times in type and size larger than Winkler's own name, or is featured above or before Winkler's own name," the lawsuit alleges. "The materials also feature the Hinder logo, which Winkler is not authorized to use."

Winkler allegedly is unfairly competing with Hinder's business activities. The lawsuit notes interviews where Winkler urged people to attend his shows "rather than those of Hinder, falsely suggesting that he is or was responsible for Hinder's artistic product and success."

The lawsuit also alleges that the confusion generated by Winkler's actions is "diminishing consumer demand for Hinder's own performances."

"Winkler's use of the mark dilutes the distinctive quality of and tarnishes the public image of the mark, and harms the reputation of Hinder," according to the lawsuit.

Plaintiffs in the lawsuit are band members Joe Garvey, Cody Hanson, Mark King and Mike Rodden.