The legal battle at the centre of The Postal Service
When Death Cab For Cutie singer Ben Gibbard, Jenny Lewis, and Jimmy Tamborello decided to name their supergroup, The Postal Service, they had no idea about the trouble that awaited them and the lawsuit which looked like it could spell the end of the band.
Bizarrely, the official United States Postal Service lodged a cease and desist letter against the group in 2004. The group’s only album, Give Up, was released in 2003 through the legendary label Sub Pop, and it instantly became a cult sensation. Within the next 12 months of being on sale, it had shifted 400,000 copies, making it the second-highest selling record in the label’s history. Only Nirvana’s debut, Bleach, has sold more.
The success of Give Up had found its way on the radar of the other Postal Service, who wanted a slice of the pie. Fortunately, the legal battle didn’t make it as far as the high court, and they eventually successfully came to an agreement. However, the terms of the compromise were frankly bizarre.
Speaking to The New York Times, Tony Kiewel, an artist and repertory representative at Sub Pop who works with the band, said: “It was really polite. It said that the Postal Service is a registered trademark of the United States Postal Service and that though they were very, very flattered that we were using the name, they need to enforce their copyright.”
Surprisingly, they came to a genial agreement, and the United States Postal Service signed a deal with Sub Pop which granted a free license to use the name in exchange for working to promote using the mail. Therefore, the Postal Service were allowed to continue as a band if they shilled out for stamps and letters.
The group also agreed to perform at the postmaster general’s annual National Executive Conference in Washington on November 17th, 2004. The performance was extra special considering the Postal Service rarely played live, but they made an exception for the conference of postmasters.
Gary Thuro, a manager of communications for the United States Postal Service, explained the thinking behind the collaboration: “We’re always looking for ways to extend our brand and reach into areas we don’t typically reach, like teens and people in their 20’s, who are typically doing business online and are not familiar with the Postal Service. I have three kids, and they do most of their correspondence online.”
Another strange part of the agreement meant any future music released by the band or further copies of Give Up sold would include a notice about the trademark. Furthermore, the United States Postal Service were also granted permission to monetise the group’s future work by selling copies of their material on their website.
It was also suggested The Postal Service might do future advertisements for the United States Postal Service, and in 2007, the mail operator used their track ‘Such Greats Heights’ in a commercial. Apart from a world tour in 2013 to mark ten years of Give Up, The Postal Service have remained silent, which has unfortunately prevented more synergy with their namesake.
