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From Bloomberg News

Metallica, the heavy-metal rock band that is among the performers suing Napster Inc., went to court against Neiman Marcus Group Inc. and LVMH Moet Hennessy Louis Vuitton to stop sales of Metallica perfume.

Metallica, which has sold more than 48 million records since the band was formed in 1981, alleges trademark infringement, unfair competition and injury to business reputation, in a complaint filed in U.S. District Court in Los Angeles.

The music group said the Metallica perfume, made by LVMH and sold at Neiman Marcus stores, will confuse the band’s fans and dilute its trademark. Neiman Marcus owns its namesake department stores as well as Bergdorf Goodman, both of which cater to affluent shoppers. LVMH, the world’s largest luxury goods company, makes Dior, Guerlain and Givenchy perfumes.

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The defendants “deliberately and willfully misappropriated the plaintiff’s Metallica marks in order to trade upon the goodwill the plaintiff has developed,” the complaint said. The suit seeks a halt to Metallica perfume sales, destruction of products and damages.

Officials at Chestnut Hill, Mass.-based Neiman Marcus and Paris-based LVMH could not be immediately reached for comment.

Neiman Marcus shares rose 6 cents to close at $32.25 on the New York Stock Exchange.

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