IP Law Daily, TRADEMARK NEWS: Former CCR members sue John Fogerty for infringing band name, (Dec 8, 2014)

By Thomas Long, J.D.

Former members of and business entities related to the classic rock band Creedence Clearwater Revival (“CCR”) have sued John Fogerty, the band’s former lead singer, guitarist, and principal songwriter, for trademark infringement, seeking an injunction preventing Fogerty from performing under the band’s name. The complaint in Poor Boy Productions, Inc. v. Fogerty was filed in the federal district court in Las Vegas on December 5.

The suit was filed by former CCR members Stuart Cook and Douglas Clifford; Patricia Fogerty, the executrix of the estate of former member Thomas Fogerty; Poor Boy Productions, Inc.; and CCR, as a California partnership consisting of Cook, Clifford, John Fogerty, and Patricia Fogerty. CCR asserts ownership of a federal registration for the mark “Creedence Clearwater Revival” for entertainment services.

The parties’ fight over the CCR mark began in 1996, when John Fogerty sued Poor Boy, Cook, Clifford, and Patricia Fogerty and obtained a preliminary injunction barring the defendants in that action from performing under the name “Creedence Clearwater Revival Revisited.” The district court’s order granting the injunction subsequently was reversed by the Ninth Circuit in Fogerty v. Poor Boy Productions, Inc., 124 F.3d 211 (9th Cir. 1997). The parties then entered into a settlement agreement in January 2001, under which Fogerty agreed to withdraw his objection to Clifford and Cook performing under the name “Creedence Clearwater Revival Revisited,” and the defendants agreed to pay royalties to John Fogerty for uses of the “Revisited” name.

According to the complaint, Poor Boy fully performed under the terms of the settlement agreement and paid the agreed-upon monies to Fogerty. However, in a July 9, 2011, article for Ultimateclassicrock.com, Fogerty condemned and objected to the use of the “Creedence Clearwater Revival Revisited” name. Poor Boy’s counsel then sent a letter to Fogerty demanding that he cease “malfeasance and breach” of the settlement agreement. After Fogerty did not respond, Poor Boy ceased further payments to Fogerty.

In addition to breaching the agreement, Fogerty allegedly has used the “Creedence Clearwater Revival” name as a service mark and trademark without the permission of the mark’s owner, CCR. The plaintiffs assert that Fogerty’s unauthorized use of the name creates a likelihood of confusion as to the affiliation, connection, association, origin, sponsorship, or approval of his goods and services by or with CCR.

The complaint includes counts for trademark infringement and false designation of origin in violation of the Lanham Act, common-law unfair competition, and breaches of contract, implied covenant of good faith and fair dealing, and fiduciary duty.

With regard to the trademark and unfair competition claims, the plaintiffs seek a declaration of infringement by Fogerty, awards of damages and Fogerty’s profits attributable to the infringement, treble damages, attorney fees and costs, and a permanent injunction barring Fogerty from using the name “Creedence Clearwater Revival.”

The case is 3:14-cv-00633.

Attorneys: Michael D. Rounds (Watson Rounds) for Poor Boy Productions, Inc., Creedence Clearwater Revival, Stuart Cook, Douglas Clifford, and Patricia Fogerty.

Companies: Poor Boy Productions, Inc.; Creedence Clearwater Revival

News: Trademark NevadaNews