Brett Kelman

The Desert Sun

The Coachella Music and Arts Festival has filed a federal lawsuit against a Los Angeles marketing firm that is accused of scalping wristbands – including artist passes that allow backstage access.

The lawsuit, filed Wednesday, appears to be the first time that Coachella has gone to federal court to stop a scalper.

The suit accuses Particle LLC and its owner, Denise Kozlowski, of buying and re-selling festival wristbands, which are not transferrable. The allegation is based on an email sent out by Kozlowski earlier this month, in which she advertises short-term rentals in La Quinta for both Coachella weekends.

“I also have VIP, Guest and Artist passes for sale. Please inquire for more details,” states Kozlowski’s email, included in the lawsuit.

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Coachella, an annual festival that draws hundreds of thousands of music fans to the Indio polo grounds, starts on Friday and continues next weekend. This year’s headliners are LCD Soundsystem, Guns N’ Roses and Calvin Harris. Tickets cost hundreds of dollars and sell out in minutes.

Coachella forbids the re-sale or transfer for entrance wristbands, and anyone who is caught with a transferred wristband can be denied entrance to the festival. Despite these rules, scalping remains a constant reality at the Coachella festivals, with wristbands openly re-sold on websites like Craigslist. Most re-sold wristbands go undetected.

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In this lawsuit, however, Coachella argues that any “unwitting members of the public” who buy Particle’s wristbands would be denied entry – “or worse, ejected from” – the festival. The suit also accuses Particle of infringing on the festival’s trademark because it uses the Coachella name when advertising the short-term rentals in La Quinta.

The damage is “irreparable,” Coachella claims.

“Money damages cannot fully repair the damage that will be done to (Coachella’s) reputation and goodwill if it must turn away would-be festival attendees because they have unwittingly purchased void passes from defendants,” states the lawsuit.

Coachella’s attorneys did not immediately respond to a request for comment. Calls to Particle went unanswered.

This is the second time this year – and only the third time ever – that Coachella has filed a federal lawsuit alleging a violation of its trademark. In January, Coachella sued Hoodchella, a competing music festival held in Los Angeles. The suit claimed the festival names were too similar, and music lovers could get confused.

READ More: Coachella fest sues Hoodchella demanding name change

Hoodchella initially rebuffed the claim, promising to fight Coachella in court, but later settled the suit, changing its name to “Noise in the Hood.” The festival went forward under its new name last weekend.