MI2N
Music Industry News Network
MONDAY, SEPTEMBER 1ST
Advanced Search
MusicDish Advertising Network
Subscribe to Mi2N's Free Newsletters B2N (business) i2N (indie)
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

Momentous Game Of Thrones Music And Video Released To Introduce Musicnotes And Jarrod Radnich Partnership

GINGIO Is Set To Assist The Music Industry With Exceptional Services

Plunky & Oneness Release "Never Too Late (Go-Go Remixes)" Maxi-Single

Provocative Beijing Rockers Second Hand Rose To Play NYC, DC, Philly, Boston

NC Handcrafted Ukulele To Be Raffled For LEAF

IES - Indie Entertainment Summit Wraps Up Third Consecutive Successful Edition In L.A. To A Global Audience As The Greatest Event For Indie Artists, Producers & Labels

ROCK AND ROLL REVIVAL!

IAMA Winner Meghan Trainor Hits #1 On Billboard Charts



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» Streaming Music Subscriptions To Exceed $3bn In USA And Western Europe This Year
» New 50/25 Watt Additions Grow PRS Guitars’ Popular Archon Amplifier Line Up
» Curb Records And Sweetwater Rain Announce The Addition Of Kaitlin Walker To The Band
» Disturbing New Music Video Shines A Light On The Dark Side Of Love
» Vertex Standard Strengthens EVerge™ Digital Radios
» Vince Szydlowski Named Senior Vice President, Label Sales For Capitol Music Group
» Music2Deal – The Community For The Music Industry Now Also Available On Mobile Devices
» The Modern Sky Festival Expands To U.S. Confirming Two Days In New York's Central Park With Cat Power, Atomic Bomb!
» New Zealand Rock Band SALT To Release New Album
» AFM President Blasts NFL Super Bowl Halftime Kickback Scheme


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

Articles
MUSICDISH E-JOURNAL
» BROBST Electro-Rock Leads MusicDish*China Top 5 Indie Song Chart
» Love And Peace 2014 Outdoor Camping Music Festival
» MusicDish*China Top 5 Indie Song Chart (Vol. 1, No. 4)
» The Courtesans Drives MusicDish*China Top 5 Indie Song Chart
» FM Pilots Skyrockets To Top Of MusicDish*China Indie Song Chart
» MusicDish*China Top 5 Indie Song Chart 07/19-07/25/2014
» Zebra Music Festival (Shanghai) Ticket Giveaway Winners
» MusicDish*China Top 5 Indie Song Chart 07/12-07/18/2014
» Temple Bar 3 Year Anniversary
» Zebra Music Festival (Shanghai) Announces Headlining Acts (Chinese Version)
» Raising Our Voices For Fennie: Benefit Concert Zajia Lab, July 13
» Raising Our Voices For Fennie: Benefit Concert Zajia Lab, July 13 (Chinese Version)

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 © 1997-2014 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.