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Home » Human Interest » California Brand Owner Accuses Ernest of Trademark Infringement Over Deep Blue Merch: ‘It’s Not That Deep’

California Brand Owner Accuses Ernest of Trademark Infringement Over Deep Blue Merch: ‘It’s Not That Deep’

Riley HayesBy Riley HayesJuly 24, 20263 Mins Read
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Image Source: Dang Hong via Pexels

A California-based clothing brand owner has publicly accused a major country singer of using her brand and name to promote his new album without her consent, while allegedly releasing his own apparel. The owner said she has sent multiple cease-and-desist letters but has received no response.

@planetdeepblue

I hate to bring this to the internet but they have left me no choice. #trademark #countrymusic #smallbusiness

♬ original sound – Deepblue.

The owner is Brooke Buckman, founder of Deep Blue., a sustainable streetwear brand dedicated to removing plastic from the ocean and creating clothing made from 100% cotton. The Deep Blue. account primarily showcases the brand’s products and its ongoing efforts to reduce ocean waste. However, the clip attached above stood out for its viral performance, garnering 304,800 views, 22,500 likes, and nearly 600 comments.

A California woman has publicly accused country singer Ernest of using her brand name and identity for merchandise promoting his new album, which is coincidentally titled *Deep Blue*. According to her, the singer has ignored cease-and-desist letters sent by her company.

An Unproductive Negotiation

It all began in January 2026, when, according to Brooke, Earnest reached out to the brand to share that his upcoming album would be titled *Deep Blue*. In screenshots of the DMs, he also mentioned that he had purchased some of her merchandise and expressed interest in collaborating. He said he was considering tying the album release to an initiative focused on removing plastic from the ocean.

Ultimately, however, the collaboration fell through. Brooke explained, “I got into contact with his manager and with his attorney. After many months of back and forth, and after investing a lot of time and resources into this collaboration, we basically could not come to an agreement on how we would structure it.”

An email showed that she was told the collaboration would be a “losing venture” for Ernest. The country singer’s team then asked Brooke whether they could purchase her design instead, but she declined.

Flagrant Trademark Infringement

However, about a month after sending the email, Brooke came across several Instagram posts featuring Deep Blue album merchandise, including a T-shirt and a hoodie printed with the name “Deep Blue.” The California-based designer compared Earnest’s products with the items she had created for him, but her attention was drawn in particular to a sweatshirt.

Brooke read in the sweatshirt’s description that the garment was made from a cotton-polyester blend. The website also explained that microplastics and other contaminants are widespread in marine ecosystems. However, the clothing brand owner noted that polyester is a synthetic fabric.

“Synthetic textiles are the leading source of microplastic pollution in the oceans,” Brooke explained. “That is precisely why I told them I would not sell them the design. They had no authorization to use my name on their products, and I did not want to be associated with greenwashing.”

The California woman ultimately described it as “blatant trademark infringement.”

California’s Responses

The video sparked a range of reactions, with some viewers criticizing Brooke’s accusation. One person wrote, “It’s a song, it’s not that deep.” Another commented, “I don’t think you can trademark those words since they are common.”

However, many users pointed out that the issue centered on the Deep Blue branding featured on the apparel. In that case, Brooke does own the trademark. One person wrote, “Charging $100 for a green-washed hoodie that was made in China with a design stolen from an independent company is wild.” Another added, “That’s absolutely foul.”

Ernest has since responded to the backlash, urging his audience to buy Brooke’s merchandise, denying allegations that he stole her designs, and briefly addressing the fast-fashion claims raised in her video.

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Riley Hayes

Riley Hayes chases the wild, weird, and wonderfully American stories that make local news go viral. Florida man encounters, gas station confrontations, small-town characters with big personalities Riley believes the best stories are usually the ones playing out in Walmart parking lots and county fairs.

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