Trouble in the deep blue…
Last month, Ernest released what many (including us) are calling his career-best album Deep Blue. Featuring the island sounds reminiscent of Jimmy Buffett mixed with his traditional southern country, Ernest explained during an appearance on our Whiskey Riff Raff podcast that the album is a maturation of his debut project from 2019:
“It’s kind of a grown-up version of the first project I put out called ‘Locals Only,’ which was all heavily inspired by and largely written in Saint Thomas and Saint John. It’s 10 years later since a lot of the songs got written, and I’ve done a lot of growing. My voice has gotten deeper. I’ve had a lot of smoke in my throat since then. (My voice) is weathered, and my technique… I’ve sang a million songs since then.”
But not everybody loves the album, apparently, because the owner of a California company called Planet Deep Blue took to social media yesterday to accuse the country singer of trademark infringement.
Planet Deep Blue is a sustainable clothing brand committed to protecting the oceans from microplastics. According to the company’s website:
“100% of our garments are crafted from a combination of organic, recycled, and reclaimed cotton—never synthetic fibers. Unlike polyester or nylon, cotton is naturally biodegradable and doesn’t shed microplastics when washed. With over 60% of today’s clothing made from plastic, switching to natural fibers helps prevent microplastic pollution and protects our oceans for future generations.”
According to a search of the US Patent & Trademark Office, the company currently owns the trademark to the stylized word mark “DEEP BLUE.” (with a period at the end – which is more important than it seems). Without getting too much into trademark law, a stylized mark is a type of trademark registration that protects the unique visual appearance of a brand’s name or lettering, though not necessarily the words themselves in all cases.
But on May 26, 2026, just 25 days after Ernest released his album of the same name, they also filed for a trademark application for the words “Deep Blue” themselves for use on clothing, apparently after the dispute arose with the country singer.
In a video posted to TikTok, the owner of the company, Brooke, explains that Ernest actually reached out to her on Instagram back in January to let her know that his next album would be called Deep Blue and expressing interest in a potential collaboration. But after going back and forth with his team on the collab, Ernest’s side eventually backed out, citing the fact that it would be a “losing venture” for the artist but offering to purchase the designs she had created instead.
Well Brooke refused to sell her designs, writing in her email to Ernest’s team:
“Our brand values are expressed through the products we create. Fair wages, sustainability, quality, and our cleanup mission are all reflected in everything we make. Putting our brand on a product that doesn’t meet those standards would misrepresent who we are and damage our reputation.”
Ernest’s team then went and created their own design and began selling their own merch with the album title in his merch store. Both shirts contain a palm tree with the album title, but other than that are different designs. But the bigger problem for Brooke is that Ernest’s sweatshirts are on a cotton/polyester blend, which her brand specifically disavows and doesn’t use:
“Polyester is a synthetic fabric. Synthetic textiles are the #1 source of ocean microplastic pollution. This is the exact reason why I told them I would not sell them the design. They did not have the authorization to use my name on their products.”
@planetdeepblue I hate to bring this to the internet but they have left me no choice. #trademark #countrymusic #smallbusiness
Brooke sent a cease and desist letter to Ernest’s team, advising them that they were violating her trademark for the stylized “DeepBlue.” and demanding that they remove the merchandise. But according to the business owner in a follow-up video, Ernest’s team responded on the final day in her demand and informed her that their merch does not violate her trademark that they wouldn’t be removing it.
@planetdeepblue A little more context for everyone #trademark #countrymusic #smallbusiness
This morning, Ernest himself took to social media to address the situation, pointing out the differences between the designs as he said he was “fighting for his life” on social media.
Ernest continually encouraged his fans to buy merchandise from Planet Deep Blue, calling the owner a “badass” and saying that he has no problem with the company. He also explains that the deal didn’t work because he would have ended up having to charge $180 for a shirt in order for it to be profitable, while denying that he stole the designs from Planet Deep Blue and explaining that other than the palm tree, the design elements of their shirt were from their album design.
He also explains that his team was under the impression that they had until June 30 to reach a resolution, and that while he didn’t want to have to address the issue right now, he felt that he was forced to respond after she posted her video.
You can hear his full thoughts here:
So who’s in the right here?
Well Planet Deep Blue’s registered trademark, as I mentioned, is a stylized word mark, which doesn’t necessarily protect the words “Deep Blue” on clothing in all cases. But that doesn’t mean she doesn’t have ANY protection in the words “Deep Blue” on clothing unless they’re in her font and style.
It all comes down to a “likelihood of confusion” test: Are consumers likely to see Ernest’s shirts and believe that they’re created or endorsed by Planet Deep Blue?
Who would win in court on this? Well, the case would be incredibly fact-specific, and expensive for both sides. Ernest would obviously argue that there’s no likelihood that someone would see his album shirt in his merch store and think they were buying from the brand “Planet Deep Blue,” while the company would likely argue that the shirts are similar enough to her brand, even without the stylized logo, to cause confusion among consumers who are aligned with the company’s mission.
That’s a basic, 10,000-feet look at what’s in reality a more complicated case on both sides. And chances are the ultimate resolution won’t come from a court but from some kind of agreement between the two sides, whatever that ends up looking like.
But just know, if you’re buying a shirt from Ernest’s merch store, you’re NOT buying from Planet Deep Blue.
