No 'Heartache Tonight': Duluth Trading Co. settles lawsuit with Eagles singer


Duluth Trading Co. has apologized to Don Henley for its advertisement that sparked a lawsuit from the Eagles frontman last fall.

The ad for henley-style shirts read, "Don a henley and take it easy," a play on the singer's name and the Eagles' hit song.

Henley filed a lawsuit in October for unauthorized use of his name, trademarks and intellectual property rights, claiming the advertisement will make people think he is associated with the company or that he has endorsed it and its products.

Henley and Duluth Trading Co. settled the case in court Tuesday, AdAge reports.

In a post on the clothing company's website, it apologized for using Henley's name saying "we pushed the advertising envelope too far."

"We have learned a valuable lesson and thank Mr. Henley for helping us appreciate the importance that he and other artists place in their publicity rights," the statement says. 

Duluth Trading Co. also said it has, at Henley's request, made an undisclosed monetary payment to the Walden Woods Project in recognition of its 25th Anniversary "to resolve this issue."

Henley founded the not-for-profit organization in 1990 to protect the Lincoln, Massachusetts, woods where author and philosopher Henry David Thoreau "first championed the concept of land conservation," the project's website says.

Henley, who has long been an advocate for artists' rights, has worked hard over the years to prevent his name from being used in advertisements, taking numerous companies to court to defend his intellectual property, AdAge notes.

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