Desert Trip Can't Confiscate, Destroy Bootleg Merch, Judge Says

INDIO, CA - A federal judge has denied a request from the Desert Trip festival for authority to confiscate and destroy any bootleg T-shirts and merchandise being sold outside the classic rock concert, which begins at Indio's Empire Grounds Friday.

Although unsuccessful, the request provides further evidence that companies behind Desert Trip and the Coachella Valley Music and Arts Festival have become more litigious this year, The Desert Sun reported. The concerts have now gone to federal court at least five times since January to defend their brands from scalpers and copycats.

In the latest case, a lawsuit, filed one week ago names no one in particular as a defendant. Instead, Desert Trip makes a preemptive argument that bootleggers will sell "unauthorized" merchandise outside the concert venue, confusing concertgoers, according to the Desert Sun.

Desert Trip -- a six-day, two-weekend music festival -- is expected to be one of the biggest and most-profitable rock concerts of all time, according to the newspaper. Tickets cost hundreds to thousands of dollars ... and more will be spent on T-shirts, hats and other souvenirs.

In lengthy legal arguments, Desert Trip contends it won't be able to stop merchandise bootleggers without a preemptive strike, the Desert Sun reported. When confronted at past concerts, bootleggers often refused to identify themselves or leave the area, and very few kept sales records. If sued through a traditional method, they simply destroyed evidence of authorized merchandise.

To stop this, Desert Trip asked for a court order that would tell police to seize all "infringing merchandise" near the concert, and allow concert staff to do the same. Anyone with unauthorized T-shirts would be required to surrender them for destruction. Coachella was granted an order like this in 2012 -- as were the Stones, McCartney and Waters during prior tours -- according to court records cited by the newspaper.

But federal Judge Philip Gutierrez denied the request last week, then reaffirmed his decision on Wednesday, writing that Desert Trip helped create its own crisis by waiting until late September to file its request, The Desert Sun reported.

– By City News Service / Image via Desert Trip.