MI2N
Music Industry News Network
FRIDAY, MAY 26TH
Advanced Search
MusicDish Advertising Network
HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Video News (more headlines) 02-23-2013

Pryor Cashman Wins Trademark And Unfair Competition Case Involving Hit Movie "50/50"

Bookmark and Share
The U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark and unfair competition case brought under the federal Lanham Act against Summit Entertainment, Mandate Pictures and Lions Gate Entertainment in connection with the critically-acclaimed motion picture 50/50. The case, Eastland Music Group et al v. Lions Gate Entertainment et al, had previously been dismissed by the U.S. District Court for the Northern District of Illinois, in Chicago.

Plaintiffs Eastland Music Group, LLC, "the proprietor of the rap duo Phifty-50," claimed to have statutory and common law trademark rights in "Phifty-50" and "50-50" and alleged that the use of "50/50" for the film's title infringed those rights under the Lanham Act. The district court dismissed those claims, relying on the Second Circuit's first amendment analysis in the landmark Rogers v. Grimaldi case, which had rejected Ginger Rogers' claims against the Federico Fellini film Ginger & Fred. The lower court found that the title "50/50" had artistic relevance to the content of the film which concerns a young man who has a 50/50 chance of surviving a rare form of spinal cancer and that the title was not explicitly misleading as to the source or content of the film.

The Seventh Circuit, which is among the federal circuits that had not yet adopted the Rogers test, affirmed without deciding the applicability of the Rogers free speech analysis, noting that "courts should avoid unnecessary constitutional adjudication." Chief Judge Frank Easterbrook found that Eastland's complaint was legally insufficient because it could not plausibly allege that "the use of '50/50' as a title has caused any confusion about the film's source," and that dismissal was therefore required under post-Rogers Supreme Court precedents regarding the Lanham Act and the legal sufficiency of complaints.

Partner Tom J. Ferber, who had also successfully represented the defendants in the Rogers case, and associate Ross Bagley, both members of Pryor Cashman's Litigation, Intellectual Property and Entertainment and Media Groups, successfully represented the defendants.

Bookmark and Share

back | top



MusicDish Advertising Network

Mi2N Music PR

Nick Brodeur Wins Studio Package From ReverbNation

David Longoria, April Diamond, Trent Park, Larissa Lam Head Up White House Event

17-Year-Old Singer/Songwriter Wins Prestigious Music Award In Hawaii

Jah Mason Empowers Women With New Single 'Its Your Life'

Amsterdam Dance Event Announces Spotlight On Morocco And Hello DeLaMar, ADE Changes Venue

Deadline Looms - The 22nd Annual USA Songwriting Competition

Earl And The Steadies To Play In Seoul For "Back To The Retro" Party



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» RIAA Reports 2016 Year-End Music Industry Revenues
» James Gadson Adds Lauten Audio 'Series Black' To His Studio After Lauten Founder Flubs Famous Introduction
» TuneGO Inc. Launches Record Label TuneGO Music Group, Inc.
» "Here Comes The Rain" By Ric Zweig
» Google Play Music Launches First Original Podcast Series
» The Production Music Association Names Adam Taylor As Its New Chairman
» New Music Industry Social / Career / Connection Web Site
» CUT CONNEX URBAN MUSIC CONVENTION AND AWARD SHOW MAY 6th & 7th
» The Next Big Music Invasion Arrives From Portugal Via Leaky Sync And Idobi Network
» The GroovaLottos Sign With Wakeby Fire & Associates


Get your music news covered...
Have your press release written
by the pros at Mi2N

Articles
MUSICDISH E-JOURNAL
» A2LiVE Welcomes Eric Reithler-Barros As New Managing Director And CCO
» Jackson Wong Named As Managing Director Of Warner Music China
» Avex Group Rediscovers Mainland China Market
» Peermusic And Hamshore Tang Win Lawsuit Against Chinese Label YY
» Earl & The Steadies Sign With MusicDish For Representation In China
» Armada Night - China
» NYC's Chinese-American MC Bohan Phoenix Releases New EP 'JALA'
» Music Marketing Agency Syn Launches Beijing Office
» Warner/Chappell Production Music Promotes Aaron Gant To Senior Vice President Of Production
» World Blues & Roots Band Harper And Midwest Kind China Tour
» ASCAP Expands Asia-Pacific Strategy
» Why Do So Many Music Technology Startups Fail?

Mi2N's Music PR distribution service guarantees online exposure for your press release. Choose from seven (7) different packages.


HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Copyright © 1997-2017 MusicDish LLC, all rights reserved. Text, graphics, and HTML code are protected by US and International Copyright Laws, and may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission.