Antitrust Law Daily Wrap Up, ADVERTISING—C.D. Cal.: Advertising created by third party did not violate injunction against use of band name, (May 2, 2014)
Law Firms Mentioned:Freund and Brackey LLP | Haney & Young LLP
Organizations Mentioned:Delicious Vinyl Recordings Inc.
By Jody Coultas, J.D.
Former Pharcyde band members and Delicious Vinyl Recordings Inc. (DV) did not violate a preliminarily injunction barring them from advertising the former band members as part of Pharcyde, the federal district court in Los Angeles has held (Robinson v. Delicious Vinyl Recordings Inc., April 30, 2014, Snyder, C.).
In a trademark infringement case filed by members of the musical group Pharcyde, DV was preliminarily enjoined from using Pharcyde Marks or an Album Art in connection with the live performance of music, and/or the promotion or advertisement thereof. Two former band members were allowed to publicly assert that they were former members of the Pharcyde and use the name Pharcyde in making that assertion, as long as they underlined their former affiliation. Any deceptive or confusing use of the Pharcyde marks that suggested any other connection between the Pharcyde and the former band members would violate the injunction.
Current band members filed an ex parte application, seeking an order to show cause why DV should not be held in contempt for violating the injunction by posting Internet ads identifying the former band members as members of “The Pharcyde.”
The court held that the defendants should not be held in contempt of court. Ads for a performance by the former band members, which identified them as members of “The Pharcyde,” ran on multiple Internet platforms for about a month. DV argued that the advertisements were created by a third party promoter; it did not manage the former band members’ careers; and it did not schedule or promote their live appearances. There was no evidence that the defendants created the advertisements or caused them to be distributed. DV had no involvement in the advertisement or promotion of the performances referenced in the complaint. The former band members also took affirmative steps to ensure that third parties did not violate the injunction, including inserting riders into their agreements with concert venues instructing promoters to identify them as “formerly of the Pharcyde.”
The case is No. 2:13-cv-04111-CAS(PLAx).
Attorneys: Gregory Lane Young (Haney & Young LLP) for Romye Robinson. Craig A Huber (Freund and Brackey LLP) for Trevant Hardson and Delicious Vinyl, Inc.
Companies: Delicious Vinyl Recordings Inc.
Cases: Advertising CaliforniaNews